The Recent Court and Regulatory Battles Behind the Net Neutrality Controversy
February 01, 2018
Though it has been a news focus recently, the legal issue of “net neutrality,” or an open Internet, has been a point of contention between Internet access providers and network users since the mid-1990s. Both sides have zealously but unsuccessfully lobbied Congress with multiple efforts to have desired legislation passed. This has left us instead with shifting regulatory actions taken by the Federal Communications Commission (FCC) attempting to address the issue.
Some Law Firm Leaders See Rosy 2018 Ahead
February 01, 2018
When it comes to law firm business, not everyone is depressed about the slow growth that plagued many firms in 2017, and that's predicted to persist into the new year. Or at least they won't admit it.
How to Build a Business Development Culture
February 01, 2018
Law firms face all kinds of problems when they try to cultivate a business development culture. The guiding principle for overcoming these obstacles is to find strategies that lawyers can get excited about. People are more willing to be engaged in projects that are interesting and exciting. Here are ten tips for building a business development culture.
The National Opioid Epidemic: The Emergence of a Multi-Layered Approach
February 01, 2018
On Oct. 26, 2017, Eric D. Hargan, Acting Secretary of the Department of Health and Human Services, announced that, as a result of the opioid epidemic, “a public health emergency exists nationwide.” As a result, counties, states and the federal government have mounted an attack on the pharmaceutical industry.
Recovering Administrative Claims in Chapter 9 Bankruptcy and Title III of PROMESA
February 01, 2018
Municipal bankruptcies under Chapter 9 of the Bankruptcy Code are rare. These cases are often filed to adjust bonded indebtedness and pension obligations. Congressional authorization for Puerto Rico and its instrumentalities to file for bankruptcy under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was similarly out of concern for excessive bond debt and pensions.
Five Ways to Eliminate the Need for a Corporate Monitor
February 01, 2018
Government-imposed corporate monitors — once a rare occurrence in the U.S. — are now commonplace, not only with domestic regulators, but also with regulatory agencies in various other countries, in connection with enforcement proceedings and prosecutions for criminal offenses such as anti-corruption violations and other misconduct.
Regulating Interior Landmarks
February 01, 2018
What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.
