Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Sirius XM's Losses In Suits on Pre-'72 Sound Recordings
November 30, 2014
For the third time in as many months, Sirius XM lost a court ruling over the issue of pre-1972 sound recordings. In a decision that further upsets the status quo for the music and copyright worlds, a federal judge in New York ruled that the owners of pre-1972 sound recordings have performance rights to their records, and that Sirius XM therefore infringed copyrights.
Equity Joint Ventures
November 30, 2014
When a client seeks representation on an equity joint venture, there are eight primary structural considerations that provide the framework for documenting the venture: 1) initial capital contributions; 2) future capital needs; 3) cash distribution waterfall; 4) governance; 5) transfers; 6) exit rights; 7) restrictive covenants; and 8) affiliate transactions.
Drug & Device News
November 30, 2014
Several topics of interest to med mal practitioners are discussed.
Credit Card Information Security Issues in Franchising
November 30, 2014
Data breaches at Target, Home Depot, Neiman Marcus and P.F. Chang's are front-page reminders of the vulnerability of customer payment information in the retail sector. In <i>Wyndham Worldwide</i>, the FTC brought suit claiming that a franchisor's alleged failures to maintain reasonable security measures constituted unfair and deceptive practices under Section 5 of the FTC Act.
In the Courts
November 30, 2014
Analysis of a case in which a restitution bid failed in wire fraud involving Kyrgyzstan.
The Paper-to-Digital Law Firm
November 30, 2014
Even though the costs and inefficiencies of paper records are an obvious strain on the law firm business model, law firms struggle with less-paper initiatives for one key reason: according to ILTA members informally surveyed in over 20 cities domestically, about half of today's attorneys would still prefer to work with paper, even if the entire file is digitally available from the DMS.
Deferred Compensation Plans Under Section 409A
November 30, 2014
Everything you need to know about deferred compensation plans.
Litigating Workplace Injuries in a Virtual Office
November 30, 2014
America's workplace increasingly involves a virtual office. The injuries suffered by those so-called virtual workers are similar to workplace injuries suffered by workers in the traditional work place. However, the Internet has broadened the definition of the "workplace," and thus broadened the definition of the workplace for purposes of litigating workplace injuries and changing the nature of evidence of such injuries.
With All Due Deference
November 30, 2014
In the courtroom, a business transaction, or on a ball field, a loss can also be a victory. Such is the case for employees in the matter of <I>Nielsen v. AECOM Technology</I>, decided by the Second Circuit Court of Appeals in August 2014.
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