The Cost of Making Partner
Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.
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Practice Tip: Calculating Structured Judgments
September 02, 2014
It is of great importance for a trial lawyer to understand the mechanics of a periodically paid or structured judgment if s/he is trying a case in a jurisdiction in which such judgment will be entered. Otherwise, the trial lawyer may be rejecting offers that, at first glance, appear to be much lower than verdict value but may, in fact, be equal to or higher than a verdict.
In the Spotlight: SNDAs: Insights From the Lender Side
September 02, 2014
This article highlights the issues and concerns that a lender faces when determining whether to require a separate subordination agreement ' typically, a Subordination, Non-Disturbance and Attornment Agreement or a SNDA ' and in negotiating a SNDA with the tenant.
Employees Can Decline Qualifying Leave Under the FMLA
September 02, 2014
As a result, an employer can insist on designating leave as FMLA if it has reason to believe it qualifies, and then can retroactively remove the designation (to the benefit of the employee) if it turns out the leave was not qualifying. The bell can be "unrung," but only if it benefits the employee.
Lessons to be Learned from the European View of Good Faith
September 02, 2014
The concept of good faith is firmly established in the civil law jurisdiction of the European Union (EU), although it manifests itself in different forms in each of them, despite the influence of both the German and French law.
The Weinstein Bill: Improved Access to Custody Reports
September 02, 2014
Assemblywoman Helene has proposed a Bill to create a more fair and uniform approach to New York's chaotic custody problem via amendments to its Domestic Relations Law and Family Court Act. Herein is a discussion of the pros and cons of that Bill.
Using Social Media Content to Defend Employment-Related Lawsuits
September 02, 2014
The varied nature of the forms of social media content, and the fluid manner in which it changes as users add, revise, and share content, presents complex challenges in the context of discovery. So is social media discoverable?
Casualty: A Tenant's Perspective
September 02, 2014
This article examines a tenant's perspective with regard to those topics, and offers certain insights into how a tenant should draft its lease in order to protect itself in the event of a casualty situation.
Courts Shed Light on the Scope of Federal Court Review of Patent Office Decisions Initiating AIA Patent Challenges
September 02, 2014
The AIA provides that the PTAB's initial decision on whether to institute proceedings "shall be final and nonappealable." But the precise meaning of this provision has already been disputed. Recent decisions have begun to shed light on the scope of review federal courts have on a PTAB initial determination.
Divorce in the Red Zone
September 02, 2014
As discussed in Parts One and Two of this article, the author suggests the Red Zone concept as a means to explain to divorcing parties the stages of the dissolution process and the actions that should be taken at each. After the Preliminary Conference Red Zone, discussed last month, come the Discovery, Pre-Trial Conference and Trial Red Zones.
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