3 Tips for Handling the Difficult Decision to Downsize
August 01, 2017
By handling all involuntary terminations with professionalism and formality, law firms can limit the potential for conflict and give proper attention to the potential ethical and legal issues. Here are three tips for handling the transition of attorneys and staff from the firm.
China's New Cybersecurity Law
August 01, 2017
<b><I>The Challenge of Complying</I></b><p>In a bid to assert control over cyberspace, China passed a sweeping cybersecurity law that affects virtually every company doing business in that country. Despite its broad reach and potential for disruption, it appears that very few legal professionals are aware of the law.
Development
August 01, 2017
A look at several rulings, including an article 78 proceeding challenging grant of an area variance to proposed operators of a religious school.
Reflections on <b><I>Kokesh v. SEC</I></b>
August 01, 2017
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p> <b><i>Part One of a Two-Part Article</I></b><p>In reference to <I>Kokesh</I>, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
Serving Two Masters: When 'Bankruptcy-Remote' Meets Public Policy
August 01, 2017
Structured financing transactions make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as "bankruptcy-remote entities," or "BREs," these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.
Inadequate Judicial Response to Emotional Abuse
August 01, 2017
<b><I>Part One of a Two-Part Article</I></b><p>According to the author, emotional abuse does irreparable harm to the children and adults subjected to it, yet it often gets inadequate attention from our courts.
Preparing a Medical Witness for Deposition and Trial: A Different Approach
August 01, 2017
While the deposition testimony usually does not win the case, in a medical negligence matter, it can definitely lose it. The stakes for a physician today are higher than they have ever been. It is not an infrequent occurrence that any report to the Databank gets a review by both the State Board of Medical Examiners and any health insurer on whose panel the provider has privileges. Our clients deserve better.
The Impact of <i>TC Heartland</i> on Copyright Venue
August 01, 2017
The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.
Managing Cyber Risks in Medical Practices
August 01, 2017
<b><I>Part Two of a Two-Part Article</I></b><p>Astonishing computing power lets health care providers harness vast computing resources to drive their business plans, manage treatment protocols and crunch data to boost their practices. However, unintended consequences arise and, in the case of computers, one such consequence is cyber peril.
