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Valuing Bids in Bankruptcy Auctions
February 29, 2016
Bids in bankruptcy auctions can be divided into two broad categories: all-cash bids; and non-cash and credit bids. This article discusses some important issues raised by non-cash bids.
Custody of Pets
February 29, 2016
While any pet lover knows that a pet is not a piece of furniture but, rather, is beloved and irreplaceable, it is not likely that the court will enforce any agreement until such time as the legislature takes action.
Employers Get a Data Privacy Win At the European Court Of Human Rights
February 29, 2016
One of the biggest challenges for U.S. employers, investigators, and e-discovery practitioners in cross-border litigation involving European companies or citizens has been obtaining digital data about European individuals. The privacy rights European citizens have ' under both EU and member state law ' are significant.
e-Discovery In 2016 and Beyond
February 29, 2016
Electronic discovery is an ever-changing part of the legal profession. Just when lawyers and their clients feel as though they've mastered the discovery of digital evidence, the rules change or technological advances make e-discovery an even greater challenge.
Data Breach Liability
February 29, 2016
Today's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands, it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.
A Practical Primer on Enterprise Legal Management
February 29, 2016
During the past 30 years, corporate legal departments made the move from paper case files, word processing documents, and Excel spreadsheets to what is now the industry standard: enterprise legal management (ELM). This article offers a primer about the primary components of ELM, its cost savings, its benefits, and the relationship between corporate IT and legal departments.
Cooperatives & Condominiums
February 29, 2016
A case in which questions of fact precluded dismissal of a claim against a condominium board president.
Debating Nonlawyer Ownership of Law Firms
February 29, 2016
Lawyers love a debate, and it looks like a doozy is set concerning nonlawyer ownership of law firms (NLO).
Verdicts
February 29, 2016
A look at a case in which an ex-prisoner's estate gets $1.75 million .
The Proliferation Of Patent Boxes
February 29, 2016
Patent box is the catchy shorthand label that has been given to the tax incentive programs for intellectual property assets that have recently sprung up all over the world. While it may be descriptive of the British system, it is hardly descriptive of most tax regimes in other nations.

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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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