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Construction Contract Documents and Project Management

There are certain issues that could arise in almost any construction project. This article addresses some of these common issues from the perspective of protecting the owner of the project.

Fed. Judge Says FTC Can Sue over Poor Data Security

In a case being closely watched by general counsel, a federal judge ruled last month that the FTC has the authority to take legal action against companies that have faulty security practices for consumer data.

What Do You Want The Arbitration Award to Say?

After a bitterly contested four-day arbitration hearing in which attorney Bob represented the franchisor, the sole arbitrator awarded the claimant everything it had sought in this fight between franchisor and franchisee. It was a devastating loss for Bob and his client. However, there was good news as far as Bob was concerned. Why? The arbitrator did not explain the reasoning for her award.

DE Supreme Court Affirms Chancery Court Application of Business Judgment Review to Control Stockholder Buyout

This article focuses on one-step control stockholder buyouts structured as a merger; Delaware courts have traditionally applied a different standard of review when the buyout is structured with two steps , a tender offer followed by a short-form merger.

Verdicts

A summary of recent important cases.

Lifestyle Analysis

Attorneys frequently ask financial experts to prepare a lifestyle analysis, and often request that it be adjusted for unsubstantiated perquisites or personal expenses paid for by a closely held business owned by one of the parties.

Court Watch

Merger Clause Did Not Protect Franchisor from Claim of 'Silent Fraud' <br>Massage Therapist Gets 25 Years for Assault; Franchisor Faces Civil Claims

QDRO or Buyout: Preparing Today for a Secure Tomorrow

Some 84 million Americans work for companies that maintain ERISA-covered retirement plans that are divisible by QDROs, which guarantee the non-worker spouse (the non-owner) a share of the pension. Here's what you need to know.

Decisions of Interest

Analysis of several key rulings.

How Can Employers Protect Their Confidential and Proprietary Information?

This article explores the developing law related to employee social media use and its effect on the confidentiality and protectability of employers' trade secrets and other proprietary information.

MOST POPULAR STORIES

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
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Second Circuit Rejects Arbitration of Debtor's Asserted Discharge Violation
A bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.
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Guidance on Distributions As 'Disbursements' and U.S. Trustee Fees
In a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."
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Attachment and Perfection of Security Interests
This article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.
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Reining in the Inequitable Conduct Defense
Responding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.
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