Propping up an Associate Who Has Dropped the Ball
Marc S. Friedman of Dentons US, and Natalie Loeb and Gordon Loeb of Loeb Consulting Group, offer advice for delivering criticism to an associate, writing: The paramount challenge for the partner is to...
View ArticleNon-Domiciliaries and Intentional Fraudulent Conveyance Actions
Carlos J. Cuevas writes: Each day New Yorkers are engaged in innumerable interstate and international business transactions. An important legal issue that arises is whether a New York court can...
View ArticleIn-State Office Requirement: Gap Between Theory and Reality
In his Professional Responsibility column, Anthony E. Davis writes: When Thomas Jefferson became President in 1801, the fastest means of communication on land was on horseback. If the Second Circuit is...
View ArticleWhen Experts 'Cherry-Pick' Among Competing Studies
In his Complex Litigation column, Michael Hoenig discusses a recent First Circuit decision that tees up some critical tensions in toxic tort experts' methodologies. For example, experts can and do rely...
View ArticleRelationship Between Leadership and Management in Law Firms
Joel A. Rose, a consultant at Joel A. Rose & Associates, Management Consultants to Law Offices, writes: Law firm management that does not acknowledge or reflect the importance of firm leadership...
View ArticleRecent Uses of Software and the Digital Millennium Copyright Act
In their Technology Law column, Richard Raysman and Peter Brown analyze a case involving a dispute over circumvention of a website entry point between a software licensor and licensee, and another...
View ArticleEarly Returns on Civil Procedure Amendments
Brian J. Fischer and Justin O. Spiegel write that of the two most significant changes to the Federal Rules of Civil Procedure, the change to Rule 26(b)(1) appears to have done little but provide...
View ArticleJudge Garland: Supreme Court Nominee and Antitrust Scholar
In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: Though his confirmation seems far from a sure thing, many have wondered what we could expect in the antitrust...
View ArticleRealty Law Digest
Scott E. Mollen reviews 'Reinhard v. Connaught Tower Corp,' where the court granted a co-op owner 100 percent abatement on a constructive eviction claim for smoke infiltration; and 'West 97th St....
View ArticleCivil Seizure Remedies Under the Defend Trade Secrets Act
Howard Wintner discusses the Defend Trade Secrets Act of 2016, a significant advance in trade secret law and the prosecution of trade secret claims; remedies available under the act, particularly the...
View ArticleKesha, Freedom, and 'Efficient Breach'
In their Real Estate Litigation column, Todd Soloway and Joshua Bernstein answer the question: "What do pop singer Kesha, hotel owners and other parties to commercial contracts have in common?"
View ArticleBroad Access to Federal Courts for Intellectual Property Plaintiffs
In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone report on four recent decisions involving plaintiffs' access to federal courts, holding that: (i) the broad...
View ArticleBoundaries Unknown: CFPB in the Mortgage Industry
Allison J. Schoenthal, J. Evans Rice and Lillian S. Hardy The list of practices that the Consumer Financial Protection Bureau asserts are "unfair, deceptive or abusive acts or practices" is expansive,...
View Article'Hybrid' Retaliation Claims and Investigation Protocols
In his Employment Issues column, Philip M. Berkowitz writes that discrimination and harassment claims have provided fodder for workplace investigations by human resources for years. In the era of the...
View ArticleRole of Safe Drinking Water Act in Protecting Health
In their Environmental Law column, Michael B. Gerrard and Edward McTiernan review the major provisions of the Safe Drinking Water Act, discuss the EPA's approach to setting "maximum contaminant levels"...
View ArticleUnderstanding the Cost of Proposed Overtime Regulations
John Ho discusses the update to the Fair Labor Standards Act overtime regulations and practical and operational concerns for employers who may need to reclassify a position as non-exempt.
View ArticleJustice Scalia's Impact on Federal Arbitration Law
In their Arbitration column, Samuel Estreicher and David L. Noll write: In the immediate aftermath of Justice Antonin Scalia's death, many press accounts focused on his views on controversial matters...
View ArticleUbiquitous but Complicated, Power of Attorney Needs Fixing
In his Elder Law column, Daniel G. Fish writes: While there are certainly reported cases of abuse of the power of attorney, it is not clear that increased complexity has resulted in a diminution of...
View ArticleBuilding the Better Buy-Sell Agreement
Clyde Tinnen and Patricia M. Lee of Withers Bergman write: Buy-sell provisions are among the most fiercely negotiated and litigated provisions in shareholders' agreements of closely held corporations....
View ArticleValue of Trademarks Takes on Increased Importance
Craig A. Jacobson of GlassRatner Advisory & Capital Group provides an overview of certain quantitative and qualitative factors to consider when performing valuation analyses of trademarks, writing:...
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