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<i>Decision of Note</i>: Second Circuit Rules on e-Book Sample in Digital Locker Image

<i>Decision of Note</i>: Second Circuit Rules on e-Book Sample in Digital Locker

Stan Soocher

The U.S. Court of Appeals for the Second Circuit decided that an agreement between a book author and a publisher allowed a customer of distributor Barnes & Noble to retain a sample of the book in the “digital locker” the distributor provided to the customer.

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Government Agencies Take Aim at Employment-Related Agreements Image

Government Agencies Take Aim at Employment-Related Agreements

Eve I. Klein, Jonathan A. Segal, Christopher D. Durham & Eric W. Ruden

The SEC's and DOL's scrutiny of severance agreements follow earlier scrutiny by the Equal Employment Opportunity Commission (EEOC) and other government agencies. These developments provide an urgency for company counsel to bring their employment agreements and policies into compliance.

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Distressed Suppliers Image

Distressed Suppliers

James A. Plemmons

Often, purchasers of goods are confronted with financially troubled suppliers and have to decide how best to deal with the supplier in question. There are many pitfalls that you need to avoid. With the complete arsenal of law and information, the customer should be in a position to maneuver through these situations while minimizing risk and cost. The following is information to assist purchasers when confronted with these issues.

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Challenges in Solar Equipment Finance Image

Challenges in Solar Equipment Finance

Jennifer L. Howard & Kenneth P. Weinberg

Growth in solar-generation capacity has not been evenly distributed across the country, however, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.<p><b><i>Part One of a Two-Part Article</i></b>

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When a Lessee Files for Bankruptcy Image

When a Lessee Files for Bankruptcy

Deirdre M. Richards

A Chapter 11 debtor's motion for an order approving use of Cash Collateral or for Debtor-in-Possession (DIP) Financing usually happens as part of the so-called first-day hearings held within a few days after commencement of the case. The problem for creditors and equipment lessors is that while the debtor may have sent your client a notice of the bankruptcy case, the notice sometimes goes to the payment lock box or to someone who doesn't even know what bankruptcy is, much less that the order being sought is key to your client's future payment.

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Post-<i>Yates</i> Privilege Protection for In-House Counsel Image

Post-<i>Yates</i> Privilege Protection for In-House Counsel

Ty E. Howard & Todd Presnell

Attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) “Yates Memorandum.”

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Overtime Pay Morass: FLSA Overhaul to Take Effect on Dec. 1 Image

Overtime Pay Morass: FLSA Overhaul to Take Effect on Dec. 1

Chaim Levin

The new DOL regulations that will take effect on Dec. 1, 2016 do not precisely resolve the present overtime eligibility debate; the absence of clarity remains a material issue especially with respect to highly compensated individuals or large groups of employees who are not easily classified.

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Former BET General Counsel Plays Role in Actress's Lawsuit Image

Former BET General Counsel Plays Role in Actress's Lawsuit

Stephanie Forshee

The longtime general counsel of Black Entertainment Television (BET) has a starring role in actress Gabrielle Union's contract case against the network. Union alleges she was duped into working on more episodes of her BET Networks show Being Mary Jane — without a break between seasons four and five to allow her time to continue to pursue her film career between the TV production schedule.

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The New FRCP Is Here to Stay Image

The New FRCP Is Here to Stay

Bob Rohlf

As expected, there have been several rulings in 2016 interpreting the FRCP e-discovery amendments which took effect in December of last year. This article looks at three cases from the first half of 2016 that highlight the ways in which the new amendments converge with the rising need to preserve new data types, as well as how new e-discovery technology can leverage the new rules to a legal team's advantage.

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Additional-Rent Reconciliation Image

Additional-Rent Reconciliation

Lydia Pilch & Josh Rosen

Issues can arise in the context of additional rent reconciliations that occur pursuant to the provisions of a commercial lease. We examine herein specific concerns from both landlord and tenant perspectives relating to over- and under-payments of rent, improper charges, supporting documentation and auditing procedures, as well as potential bars to claiming recoveries.<p><b><i>Part One of a Two-Part Article</b></i>

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