Case Notes
August 02, 2015
Discussion of a recent ruling from Massachusetts.
The Difference in Due Diligence for Franchisors
August 02, 2015
In any business purchase, investment, merger or acquisition, several threshold questions come to mind. What assets are being acquired? Where is the value in the target company? What liabilities are being acquired? How should these be valued for pricing and future growth? What will the acquirer do with the target company? How far can management take the new target?
Extreme Sports Challenge the Courts
August 02, 2015
As more Americans become involved in hazardous recreation, the number of personal injuries is also rising ' especially among minors. With injuries comes litigation, of course, and the popularity of extreme sports raises challenging questions of liability.
Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists
July 02, 2015
Once a policyholder tenders a claim, an insurer is likely to request information and documentation from that policyholder about the underlying event, circumstance, occurrence or claim. The insured, however, may have legitimate concerns that sharing such information could result in the inadvertent waiver of evidentiary privileges and protections as to the insurer and third parties, or an adverse coverage determination.
When a Factor Has Not Approved Orders
July 02, 2015
Even though a seller's reclamation rights may find their underpinnings in the common law and in the UCC, there are strict limitations on the seller's reclamation rights under the Bankruptcy Code.
Case Notes
July 02, 2015
In-depth analysis of two important rulings.
Does the CFPB's New Integrated Disclosure Rule Preempt New York State Law?
July 02, 2015
The Consumer Financial Protection Bureau's (CFPB) new "Integrated Disclosure Rule" ' currently scheduled to take effect on Oct. 1, 2015 ' redesigns the disclosures that are provided under the Federal Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) in connection with certain residential mortgage transactions.
e-Discovery In An Information Governance World
July 02, 2015
Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance.
<i>Sargon</i> Update: Reforming the CA Standard for Expert Testimony
July 02, 2015
<I>Sargon Enterprises, Inc. v. University of Southern California</I> has been touted as a "game-changer" in California jurisprudence. It was to be a decision ushering in <I>Daubert</I> "gatekeeper" functions, to protect juries against junk science experts. Many California trial courts are now regularly flexing their <I>Sargon</I>-empowered discretion, and scrutiny of expert evidence has become part of California law.
