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Electronic Cigarettes
January 31, 2016
While e-cigarette manufacturers and distributors promote the potential advances of this new technology over traditional cigarettes, the degree to which e-cigarettes are safe is the topic of great debate, and the source of litigation.
When There Is No License, Is There a Marriage?
January 31, 2016
In Part One of this article, we asked the question: What happens when your client says he was married before, but without a license, in a religious ceremony? Since he thought that the State did not recognize his marriage, and he got a religious divorce, he assumed he was free to marry once more. Is he right?
The NLRB's 'Joint Employer' Thrust Defies 50 Years of Judicial Precedent
January 31, 2016
In this article, I analyze how the NLRB general counsel's approach is refuted by 50 years of virtually unanimous judicial decisions, and address a recent NLRB decision greatly expanding who may be deemed a "joint employer" (and how this decision discarded 30 years of NLRB precedent). I also discuss the harsh consequences that may pertain should the NLRB general counsel succeed in his efforts to have franchisors declared the "joint employers" of their franchisees' employees.
Break Down the Silos and Lead Your Firm's Information Services From the Data
January 31, 2016
Law firms are metrics-driven organizations, and the need for accurate metrics and key performance indicators (KPIs) will only continue to increase as law firms answer the client's demands to re-tool service delivery and organizational structure. This need for metrics-driven analysis now extends to the firms' research services, a heretofore last bastion of resistance to technology and measurement.
<i><b>At the Intersection</i></b>Manterruption Redux
January 31, 2016
Last August and September, we published a two-part article on the phenomenon called "manterruption." We commented on some important social research discussing men's pervasive tendency to interrupt women in group meetings or settings where the power stakes were high ("manterruption") and to appropriate women's ideas as their own ("bropropriation"). These posts triggered a torrent of response, some of which was gratifying to us and some of which was pretty bewildering.
<b><i>In the Spotlight:</i></b> Relocation Clauses
January 31, 2016
Many landlords are faced with a dilemma when signing a deal with a small tenant. What if a larger tenant wants to lease a large block of space and a smaller tenant is already leasing some of the space that the larger tenant needs? To cover this situation, many landlords require a relocation provision to be inserted into the leases it enters into with small tenants.
Mobile Mayhem: Smartphones and Security (Or the Lack Thereof)
January 31, 2016
"It's a mobile jungle out there, and your corporate data is too valuable to just bungle through it."
The Limits of Liens in Proceeds Under Article 9
January 31, 2016
This is the first in a series of articles on liens in proceeds under Article 9 of the Uniform Commercial Code (UCC).
How to Use Mobility To Create Maximum Business Value for Legal Research
January 31, 2016
Today, everything seems mobile. Legal professionals have been slightly less hurried to embrace the wonders of mobility as a part of their work. Certainly, they use mobile devices and apps in their personal life just like everybody else, but because of tradition and habit, many have been hesitant to adopt these things as part of their working lives. However, this is changing ' and in some cases dramatically.
The Essentials of Collaboration Agreements for Literary Works
January 31, 2016
While all creative collaborations have features in common, there's a uniquely intimate and trusting nature of the relationship between someone (the subject) whose story interests the public, and a writer engaged by him or her to put that story, either jointly or singly, into concrete form (the writer).

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    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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