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Court Watch
Under the FAA, Courts Have Duty to Determine If Any Claims Are Arbitrable
In an interesting offshoot of the Bernie Madoff scandal, the U.S. Supreme Court weighed in to leave no doubt that the Federal Arbitration Act (“FAA”) required courts to order arbitration even where non-arbitrable claims remained that may result in inefficient or possibly duplicative litigation.
In KPMG, LLP v. Robert Cocchi, et al., __ U.S. __, 132 S.Ct. 23, __ L.Ed.2d __(2011), Madoff investors, who had purchased partnership interests, sued the auditors of the partnerships. The partnerships had an engagement agreement with the auditing firm that required arbitration. The action was filed in state court and alleged claims for negligent misrepresentation, violation of Florida's little FTC Act, professional malpractice, and aiding and abetting a breach of fiduciary duty. The state court decided that the negligent misrepresentation and little FTC Act claims were direct in the sense that the investors were not suing the auditor derivatively for wrongs to the partnership. It thus denied the motion to compel arbitration without deciding anything about the remaining claims.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.