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Best Practices In Building Contingency Fee Practices
There are two major factors motivating firms to move in the direction of more risk sharing and more contingency work. The first is client-driven. The first antitrust opt-out litigation that I worked on was in 2007 involving price-fixing of LCD screens. If you looked at the companies that opted out of the class in 2007, it was a small group.
Over the last 10 years, you've seen an acceleration of the trend of companies opting out of such matters, and more generally companies being much more comfortable being on the plaintiff's side of the "v" if they feel like their company has been harmed by some sort of wrongful conduct.
For example, in the group of three separate price-fixing cases relating to chicken, pork and beef — among the most active current antitrust matters — law firms are seeing more and more large companies from their client base, often clients who are typically on the defense side, opting out to pursue their claims.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.