Non-Madoff Defendants
May 01, 2016
A bankruptcy trustee, given the responsibility to liquidate estate assets and distribute the resulting funds to creditors, frequently must pursue causes of action against non-debtors who have liability to the estate. It is not surprising that such competing claims arise frequently in bankruptcy cases involving Ponzi schemes.
The NLRB and the Joint Employer
May 01, 2016
Recent NLRB decisions have rewritten the labor law map in a variety of ways, but nowhere more significantly than in the areas of franchising and outsourcing. This portends a vast expansion of employer liability on a joint employer theory in almost every area of law imaginable from tort to employment discrimination litigation.
Using Communication Decency Act and Promissory Estoppel to Combat Internet Defamation
May 01, 2016
Internet defamation is a regular occurrence. While the common law affords e-defamation victims a right to sue both the original speaker of the defamatory statements and the publisher, Internet anonymity of the original speaker and the publisher's use of Section 230 of the CDA often make such litigation difficult. However, the CDA also provides a basis for combating Internet defamation.
Working with Chinese Clients
May 01, 2016
The difficulties of litigating against a Chinese defendant often begin at the start of litigation, as compliance with the Hague Service Convention is the exclusive means by which service may be accomplished. The entire process can take a good deal of time.
Real Property Law
May 01, 2016
Right of First RefusalMark Family Realty, LLC v. SankoNYLJ 2/17/16, p. 23, col. 5AppDiv, First Dept.(memorandum opinion)In a dispute among co-tenants,…
Law Firms Grapple With Cybersecurity Issues and Regulatory Risks
May 01, 2016
Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.
Taking Control of e- Discovery In-House
May 01, 2016
Today's burdensome data trends require practical new approaches to e-discovery ' combining true-SaaS technology and "Intelligent Discovery" processes gives corporate legal departments greater control, reduces costs, and improves access to data.
Justices Write End to Authors' Challenge of Google Books
May 01, 2016
The U.S. Supreme Court ended a decade-long battle over Google, Inc.'s massive book-scanning project last month, declining to take up an appeal by authors who claimed the company violated copyright law "on an epic scale."
