Case Notes
September 02, 2015
Analysis of a case in which a 'missing' $20 million is at issue in two lawyers' divorce.
Analyzing Second Circuit's Ruling on Internships
September 02, 2015
This summer, the U.S. Court of Appeals for the Second Circuit decided <i>Glatt v. Fox Searchlight Pictures,</i> an important decision concerning whether Fox's unpaid interns were "employees" under the federal Fair Labor Standards Act and the New York Labor Law and, therefore, entitled to recover minimum wage, plus time-and-a-half for overtime, for the periods they worked at Fox.
Telemedicine: Best Practices to Avoid Liability
September 02, 2015
Telemedicine is rapidly evolving, and with its evolution comes new potential pitfalls and risks. Practitioners in this area should keep abreast of state laws and regulations regarding telemedicine, as well as keep an eye out for developments in the federal landscape.
Bit Parts
September 02, 2015
Consumer Suit Over Beats Music App Sent to Arbitration<br>No Right of Publicity Claim for Company, But Individual with Same Name as Company Can Proceed<br>"Procure Employment" Clause in California Talent Agencies Act Survives "Vagueness" Challenge
Director Compensation Subject to Entire Fairness Standard
September 02, 2015
The Delaware Court of Chancery recently denied the motion to dismiss filed by Citrix Systems, Inc. and its directors in a derivative suit brought by shareholders. In a challenge to the business judgment rule, the plaintiffs were allowed to proceed with their breach of fiduciary duty claim, and the court noted that the awards were subject to review under the "entire fairness" standard.
<b<<i>In the Spotlight:</i></b> Cumulative CAM Caps
September 02, 2015
There is a knee-jerk reaction from many tenants to avoid cumulative CAM caps, but the rationale and policies behind them are reasonable, and both the parties should be able to satisfy their concerns with some variation of a cumulative CAM cap.
Navigating Insurance Coverage Issues in Med Mal Litigation
September 02, 2015
In last month's newsletter, we saw that insurance problems may lurk in the shadows, even for those medical professionals and entities that think they are fully covered. We continue the discussion of "insurance traps" here.
FATCA's Due Diligence Expansion
September 02, 2015
In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.
New Report Offers Statistics On Copyright Cases
September 02, 2015
Lex Machina, a legal analytics company that grew out of a project run by Stanford University's law school and its computer science department, has published a 37-page "copyright litigation report" developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key filings, findings, judgment types, decisions, resolutions, damages and other data.
The Attorney-Client Privilege
September 02, 2015
Despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.
