'I Demand a Refund'
June 02, 2015
Numerous class action complaints have been filed recently, challenging labels' claims that the products are "all natural." One of the many roadblocks for plaintiffs in establishing class certification in these cases has been finding a reliable damages methodology that can withstand scrutiny. This article summarizes several proposed models, and how the courts have dealt with them.
Rent Acceleration Clauses in New York
June 02, 2015
When is a rent acceleration clause in a commercial lease enforceable? New York's Court of Appeals gave an answer that is unlikely to be helpful to anyone but litigators: A rent acceleration clause is enforceable unless it constitutes a penalty. The court, however, provided little guidance about when a rent acceleration clause would constitute a penalty.
Communicable Diseases
June 02, 2015
Ebola arrived in the United States last fall; measles resurged this winter; and this year's influenza strains were some of deadliest in recent memory. In light of these public health threats, employers are struggling to ascertain their rights and obligations toward their workforce, including those who are infected, exposed, or at-risk.
Tip for Investors: Don't Lock Out Unionized Targets
June 02, 2015
Both financial and strategic investors often instinctively reject the idea of acquiring unionized companies. This can be a mistake. Healthy, unionized enterprises can turn out to be excellent investments. The key is analyzing them correctly.
Get a (Law) Firm Grip on Data Breaches
June 02, 2015
Law firms are as much at risk for cyber attacks as any other industry. Because of the lack of reporting requirements in the industry, it is unclear how many breaches have actually occurred. This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.
Get a (Law) Firm Grip on Data Breaches
June 02, 2015
Law firms are as much at risk for cyber attacks as any other industry. Because of the lack of reporting requirements in the industry, it is unclear how many breaches have actually occurred. Fortunately, law firms are now recognizing the risk and beginning to take preventive action. This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.
Cybersecurity Lawyers Getting Plenty of Company
June 02, 2015
High-profile data breaches in the past few years have been a wakeup call for corporate America ' and made cybersecurity and data privacy the next "it" practice for lawyers. There's been a gold rush to the field, practitioners say ' and the potential rewards have attracted some Johnny-come-latelies and pushed attorneys to seek out new ways of distinguishing themselves as experts.
Your Best Precedent Is Unpublished: Now What?
June 02, 2015
Imagine counsel representing litigants before a court. An attorney for one party takes a position on the issue. The court responds that, in a previously filed pleading, counsel had taken the opposite position on behalf of his or her client. The attorney responds, "No, Your Honor, that was an 'unpublished' filing. Not only am I not bound by it, in this jurisdiction, you are not even permitted to bring that unpublished filing to my attention."
