Over sixty-five years ago, the United States Supreme Court articulated what has become known as the “Responsible Corporate Officer” doctrine. In United States v. Dotterweich , 320 U.S. 277, 64 S. Ct. 134; 88 L. Ed. 48 (U.S. 1943), the Supreme...

Recently I discussed a court ruling that was a reminder to legal counsel for commercial landlords to carefully draft leases. In Landmark HHH, LLC v. Gi Hwa Park , 277 Va. 50 (Va. 2009), the Supreme Court of Virginia held that an exculpatory clause...

With the current rash of foreclosures, scams and scam  artists are popping up all over, trying to take advantage of people already suffering through difficult  times.       Melissa A. Huelsman, Esq....

To What Extent is a Landlord Responsible for Ongoing Criminal Activity on the Premesis?                               ...

If you represent a small business owner who is interested in establishing an online presence, your assistance in registering the domain name of the business will be essential. The Domain Name System The Domain Name System (DNS) helps users to...

Recently I discussed the continued viability of punitive damages, examining the recent decision of the Supreme Court of Tennessee in Flax v. DaimlerChrysler Corp. , 272 S.W.3d 521 (Tenn. 2008). Although Tennessee is perceived to be a pro-business, politically...

The federal judge who has presided over much of the September 11th World Trade Center litigation issued an important decision last month, In re September 11 Litig. , 2009 U.S. Dist. LEXIS 73223 (S.D.N.Y. Aug. 13, 2009), concerning the plaintiff lessee of...

The awarding of punitive damages has been under attack for almost two decades, both by business interests and by those who argue for tort reform and a smaller role of courts in our society. The Supreme Court of the United States appeared to have put the...

The Creditors of a Master Ice Carver Fail to Recover the Melting Debts of His Ice Carving Business through Reverse Piercing of the Corporate Veil                                                   ...

It’s late afternoon when the partner that you report to drops a file on your desk and informs you that the client needs an answer by the end of business tomorrow. The client is an excess insurer that wrote an umbrella insurance policy for a chain...

If a local zoning code does not protect the water view from your home from obstruction by the construction of a “McMansion”, can you turn to the federal courts for relief? A federal court ruled this summer in Puckett v. City of Glen Cove , 2009...

Brew some coffee. Stock up on the junk food. Forget about sleep.   It’s time for the New Appleman Xtreme Blog Challenge. Beginning July 30, 2009, law students and junior attorneys are invited to enter the Challenge by submitting a blog...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

Paying bills used to be so complicated, and so filled with the unknown. An insurance premium was past due and the insurer had sent a notice of cancellation. The insured wrote a check, stuck a stamp on an envelope, took it to the post office, and hoped that...

Rule 4.2 of the ABA Model Rules of Professional Conduct instructs us that “In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter,...

Earlier this year I discussed the companion cases of Bi-Economy Mkt., Inc. v. Harleysville Ins. Co. of N.Y. , 886 N.E.2d 127 (N.Y. 2008), and Panasia Estates, Inc. v. Hudson Ins. Co. , 886 N.E.2d 135 (N.Y. 2008), in which the New York Court of Appeals...

The right to an accounting by a partner during disputes or at the dissolution of a partnership had long been recognized. The right of a member of a limited liability company (LLC) to an accounting has not been as clear, even though LLCs have been widely...

In law school we are taught the sanctity of the corporate veil; that one of the purposes of the corporate structure is to protect the owners/shareholders of corporations from personal liability. One of my favorite law school examples was the taxi owner who...

A federal judge has ruled against an increasingly common practice of real estate brokers in Vicki Busby v. JRHBW Realty, Inc. , 2009 U.S. Dist. LEXIS 41720 (N.D. Ala., Apr. 20, 2009). The District Court ruled that the charging of unearned administrative...

When President Obama nominated Judge Sonia Sotomayor to serve as a justice of the U.S. Supreme Court, he talked not only about her broad legal experience and distinguished career, but also about the importance of empathy – the ability to walk in someone...

On Tuesday, the California Supreme Court, in Strauss v. Horton , 2009 Cal. LEXIS 4626 (Cal. May 26, 2009), upheld Proposition 8, which was approved by the voters last fall and banned same-sex marriages in California. The decision, though, leaves intact...

If you live in one of the nine community property states, property is not necessarily distributed equitably in a divorce action. Instead, marital property must be characterized as either community or separate prior to any distribution.   Asset...

Last Saturday, President Barack Obama said that he wanted a Supreme Court nominee that had a “common touch” and empathy, who could “stand in somebody else's shoes and see through their eyes and get a sense of how the law might work or not...

"Closing" a transaction is one of the most important duties performed by a junior business attorney. A transaction is considered closed when all requisite documents have been negotiated, signed and delivered, any instruments or certificates have...

In an Emerging Issues Analysis, Professor David Nimmer offers a comprehensive examination of constitutional challenges to the anti-bootlegging provisions of the Uruguay Round Agreements Act: 17 U.S.C. § 1101, creating civil liability for...

“ Don't be alarmed, we're taking over the ship .”   The words of a Somalian pirate capturing another ship in the Gulf of Aden? Hardly. Those were the words of America’s favorite pirate, Jack Sparrow, as he prepared to commandeer...

No doubt about it --- the LGBT equality movement turned a corner this spring and there’s no turning back! First the Iowa Supreme Court issued an emphatic, unanimous decision in favor of marriage equality in Lambda Legal's Varnum v. Brien case....

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) appellate decisions are often complex and difficult to read tomes, filled with multiple United States Code sections and acronyms. On May 4, 2009, the United States Supreme Court...

Deciding who will receive the marital home is one of the most difficult issues in a divorce. Generally, the parties’ home is the most valuable asset of the marriage. It is also often the center of family life, especially if there are young children...

If you spend any time at all practicing family law, you will likely find that assisting clients with adoptions is one of the most rewarding aspects of your practice. The process is pretty simple overall, and the clients are generally very positive and happy....

You may be amazed by the number of potential clients who meet with you to request to have their marriage annulled. Many people believe that their marriage can be annulled because it has not lasted for very long. Others need an annulment rather than a...

The task of drafting and negotiating a commercial lease can be daunting to the uninitiated practitioner. The attorney must not only have a grasp of the basic real estate concepts underlying a lease agreement, but also must have a working knowledge of the...

Three weeks ago, the United States Court of Appeals for the First Circuit ruled in favor of an insured in a commercial general liability (CGL) insurer’s declaratory judgment action that had sought a declaration that the insurer did not have a duty to...

Library Journal posted an article about the mixed response from Amazon over whether a library can lend a Kindle device with books loaded onto it. An Amazon sales rep said “yes,” Amazon officials said “no,” but the law may say...

When you are assigned your first employment discrimination case, there are definitely specific considerations that you should keep in mind. The following checklist addresses several nuances of this practice area and also provides a general overview of burdens...

As a mediator, I always have two goals when entering the room: to maximize the likelihood of a fair settlement and to ensure a day where my reputation will be enhanced. If I succeed with those two goals, I do command respect. I often see...

In a recent Emerging Issues Analysis, Certified Structured Settlement Consultant Teddy Snyder shared her expert advice on why, when, and how parties to a workers' compensation case should settle. The author writes: Unlike liability cases that have...

So you have your tickets for Beyoncé’s “I AM…” concert. Or maybe you are planning to see Jimmy Buffett and the Coral Reefer Band when they come to your favorite venue. Concert music not your gig? How about taking your kids...

The obligation to mitigate damages for the breach of a contract is a staple of hornbook law. This obligation is so ingrained in our system of jurisprudence that most jurisdictions have refused to enforce contractual waivers of the obligation to mitigate damages....

You've written a motion and submitted it to the court. The court has set it for oral argument - now what? Preparing to argue a motion can be a nerve-racking experience. However, motion practice is an exciting and enjoyable experience if you adequately prepare...

Taking your first deposition can be one of the most exciting experiences in a young litigator's career. Although the fact of the matter is that depositions really aren't that glamorous or exciting -- there won't be many "Perry Mason moments" in...

In January 2009, the NCUA (National Credit Union Administration), the Federal Reserve Board, and the OTS (Office of Thrift Supervision) adopted the Consumer Credit Card Account Practices Rules designed to protect consumers who use credit cards from unfair...

Should consumers be bound by waivers in arbitration agreements of the right to bring class actions, and where do the courts stand on the enforceability of class action waivers? As with so much in the law, it depends upon whom you ask.   Alan S....

In an Emerging Issues Analysis, Associate Professor James L. Carey suggests that by regularly taking the extra steps to understand the needs of your clients, including those needs documented in the boilerplate, you can better protect your clients customer...

Plaintiffs’ counsel are always seeking new avenues from which to recover damages. In my last article, I discussed two recent New York rulings that permitted an insured to bring a breach of contract action seeking consequential damages against an insurer....

We all remember that first lesson on breach of contract damages. Our first day in Contracts, our own version of Professor Kingsfield of The Paper Chase , glowering up at a classroom of 1Ls and picking on the meekest of us to explain those infamous words...

This is the last of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in Washington,...

This commentary provides a state-by-state survey of key workers' compensation legislation from June to December 2008. Governors in California, Hawaii, New York, and South Carolina provided an extra level of action related to workers compensation law. Things...

The outrage over the millions in taxpayer dollars paid in bonuses to AIG employees induced a frantic search to discover ways to address this putative injustice. Leading contract law authority Dr. John Murray, Jr. examines several tenets of contract law raised...

Whether the parents are in the process of obtaining a divorce or legal separation, have established paternity, have separated from a non-marital relationship, or wish to change custody, you will have many occasions to represent the noncustodial parent. Although...

SUMMARY : Since the 2000 Electronic Release, company Web sites have progressed to include blogs, shareholder forums and a variety of other information of interest to investors -- information produced both by the company and third-parties. The release of...

A landmark case is defined in Ballentine's Law Dictionary as “A reported case of great importance in establishing a legal proposition of law.” While the recent decision of the Supreme Court of Virginia in Landmark HHH, LLC v. Gi Hwa Park, 277...

In 2007, the Florida Legislature enacted Fla. Stat. § 741.313 (2007), entitled Unlawful Action Against Employees Seeking Protection. Section 741.313 requires employers in Florida with 50 or more employees to grant domestic violence victims up to three...

If your career path is in insurance or real estate litigation, you may become immersed in moldy law. Not moldy as in old, like those wonderful ancient law school real property topics of the Rule in Shelley’s Case and the Rule against Perpetuities, but...

SUMMARY: As the economy continues to weaken across all sectors, consignment arrangements may become more attractive to dealers. In the typical consignment, the consignor is a manufacturer of goods that wishes to sell them in the market. The consignee is a...

Traditionally, grandparents have had no rights to custody, or even visitation, of their grandchildren. Within the last several years, however, grandparents have been gaining rights in this area. In fact, most states allow visitation, and several now allow...

This is the third of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in Washington,...

To view this free copy of the Complaint for Patent Infringement filed by Qualcomm, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and...

"A patent is a right granted by the government that allows the patent owner to exclude others from practicing the invention during its term. This right is grounded in the U.S. Constitution, which has authorized Congress to create protection for inventive...

Scott M. Fogg, of the Hunsinger Law Firm, has posted a very helpful jury selection primer on Lawlink.com. Some highlights: If you are going to present expert witnesses, prepare the jury for that fact during jury selection Favor jurors who...

Among the subsets of asbestos litigation are claims arising from shipyard workers exposed to asbestos in gaskets as they installed or removed them.   Two attorneys faced off on the issue during a Jan. 22, 2009 teleconference produced by HB Litigation...

To view this free sample Fair Housing Complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the...

Determining the compensability of so-called "mental-mental" cases—those instances in which a mental (as distinguished from a physical) impact or stimulus results in a mental injury or occupational disease—is among the most challenging...

"In a surprisingly short period of time, the United States has evolved from an industrial to an information- and services-based society. Our postindustrial era is marked by rapid technological change in which our ability to reproduce and receive information...

When I was a prosecutor, defense attorneys, not always in jest, would say to me that something was rotten and stinking up the prosecutor’s office. But I never found the cause of that stinking smell. Apparently in the District Attorney's Office for St....

This is the second of four posts covering the presentations of Stinson Morrison Hecker partner Michael Tucci and Kilpatrick Stockton partner Rex Veal delivered on January 15, 2009, a the “FDIC & The New Banking Crisis” conference in...

On February 17, 2009 President Obama signed into law the much publicized American Recovery and Reinvestment Act of 2009 (ARRA) which contained $787 billion worth of tax incentives and spending provisions intended to help revitalize the economy. The provisions...

On February 17, 2009, President Obama signed major new legislation known as the “stimulus bill” which provides $787 billion of tax incentives and spending provisions to improve the economy. To understand the tax implications for your clients,...

You may hear the practice of law described as putting out fires, and your job as that of a fireman. We are frequently called in after the blaze at the corporation is out of control. Much as a fireman asks over and over, ‘Why do people smoke in bed?’,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme...

If you practice family law, you will need to be familiar with how to collect past due child support in your jurisdiction. Unfortunately, the nonpayment of support is a very common problem. It is amazing at how skillful some payors can be at avoiding their...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample motion for sanctions, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S....

To view this free sample motion for sanctions, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S....

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including the U.S. Supreme Court,...

To view the free sample of this summary judgment motion that was filed in the United States District Court for the Eastern District of Louisiana, click the link below. Registration is required, but it’s free and easy!   Lexis.com features a...

In an article written for law.com, Ronald J. Levine and Susan L. Swatski-Lebson examine whether information posted on social networking sites is discoverable. In the piece, the authors provide practice tips on how to make the information discoverable and...

To view this free sample motion to compel discovery, click the link below. Registration is required, but it’s free and easy!   Lexis.com features a collection of briefs and motions from both federal and state jurisdictions, including...

To view the free sample complaint that was filed in the United States District Court for the Northern District of Illinois, click the link below. Registration is required, but it’s free and easy!   Lexis.com features a collection of...

If you practice real estate law, you need to become conversant with Green Building Law. Maybe your clients not have yet become exposed to green building provisions in contracts or green building governmental regulations or incentives, but they soon will be....

Invariably when he is working for a client in litigation with the FDIC, Stinson Morrison Hecker partner Michael Tucci says “four words come out at some point in time. Those four words are, ‘They can't do that.’ My response is virtually...

The last several months may have seemed a bit like a reunion for veteran banking litigators, Hughes Hubbard & Reed’s Dennis Klein told participants at the opening of a two-day conference on the FDIC and the New Banking Crisis held in mid-January. When...

“In the broadest sense, administrative law involves the study of how those parts of our system of government that are neither legislatures nor courts make decisions. These entities, referred to as administrative agencies, are normally located in the...

"You may be pleasantly surprised to learn that Trusts and Estates is not about dead people. Rather, it is the study of ways to help living people solve real family problems. If your clients have aging parents, if they have just lost a spouse, if they...

Understanding Sales and Leases of Goods offers a concise, yet comprehensive survey and analysis of the legal principles that affect the law governing sales and leases of goods. Clearly written and logically organized, this book presents an integrated...

Significant disparity exists among the states in terms of their unclaimed property reporting requirements. However, an increasing number of states are recognizing that the benefits of identifying best practices, establishing national standards, and achieving,...

If your client and the other spouse file a joint tax return while the divorce is pending in order to obtain more favorable tax treatment, it is important to understand that generally both parties are jointly and severally liable for any mistakes or omissions...

In an Emerging Issues Analysis, Professor Jayne Zanglein analyzes the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA), signed into law by President Bush on December 23, 2008.  The WRERA provides relief to workers, employers, and retirees...

It is becoming more common for divorcing parties to own or have an interest in a small business, such as a sole proprietorship, a partnership, or a closely held corporation. But how does the court divide these types of assets?   Characterization...

Creating a grantor trust for clients is the cornerstone of an estate planning practice. A grantor trust is a trust over which the grantor retains either direct or indirect control to such an extent that he or she is treated as the owner of the trust for income...

On January 22, 2009, President Obama signed the Lily Ledbetter Fair Pay Act of 2009. In an Emerging Issues Analysis, N. Pete Lareau summarizes the facts and holding of the Supreme Court's Ledbetter decision and examines the new law, what it is intended...

Bankruptcy Code section 503(c) severely limits a debtor’s ability to pay management retention bonuses, severance, and other amounts. Holding on to valuable employees during a bankruptcy case can be a daunting task. In an Emerging Issues Analysis, the...

Should parties provide in their arbitration clause for application of rules of an arbitral institution without corresponding oversight by that institution? In an Emerging Issues Analysis, international arbitrator and business lawyer Paul E. Mason discusses...

In the following Emerging Issues Analysis, Eric Bensen, co-author of Milgrim on Licensing and Milgrim on Trade Secrets and a Visiting Assistant Professor of Law at Hofstra University School of Law, analyzes In Re Bilski regarding the patent eligibility...

In his acceptance speech in Grant Park Tuesday night, President-elect Obama spoke of a “planet in peril.” As a candidate, he promised to combat global warming and to reduce the country’s dependence on foreign oil. Obama tied energy issues...

Enormous online marketplace eBay is not liable for contributory trademark infringement, though listings on its site offer counterfeit silver Tiffany jewelry for sale, according to a judge in the Southern District of New York. eBay had refused to preemptively...

Every California attorney needs to be aware of the rules governing discovery of electronic evidence and be prepared to counsel clients on those rules. New California e-discovery rules, which are likely to be reintroduced in 2009 after an unexpected eleventh-hour...

In his Emerging Issue Commentary, Attorney Kyle C. Bisceglie, Partner at Olshan Grundman Frome Rosenzweig & Wolosky LLP in New York City, summarizes the legal developments in New York related to electronically stored information (“ESI”) or...

In an Emerging Issues Commentary, Reed Smith LLPs Timothy Law and Toki Rehder advocate that given that insurance policies definitions of personal and advertising injury explicitly include the publication or making known of material that violates a persons...

When your client provides you with a list of all assets and debts of the marriage, be sure to have gifts, inheritance, and life insurance policies listed separately from other items obtained during the marriage. Some states have specific rules for the distribution...

On September 19, 2008, President Bush signed S. 2450, which enacted new Federal Rule of Evidence 502 (Pub. L. No. 110-322, 122 Stat. 3537).1 Rule 502 limits waivers of attorney-client privilege and work product protection to facilitate efficiency of document...

“How much is that doggie in the window? (arf! arf!), The one with the waggley tail (arf! arf!).” Those were the words to Patti Page’s hit 45 single in 1953 about a woman who wanted to buy a dog for her boyfriend so that he would not be lonely...

In an expert commentary, Frank Aquila and Melissa Sawyer provide an overview of how to launch and respond to unsolicited takeover proposals. This commentary addresses: (1) Who the key players are; (2) What options bidders have; (3) What defensive strategies...

Many people have very little understanding of the exact nature of bankruptcy crime. The United States attorney and trustee receive complaints alleging bankruptcy frauds that fail to state a crime even if all of the allegations are considered true. See Maureen...

Bernard Madoff used a Ponzi scheme to swindle the very wealthy, particularly rich foreigners. Like other financial institutions and professionals, Madoff offered investors an illusory product and was unsatisfied with providing necessary, but mundane, securities...

On November 17, 2008, the U.S. Department of Housing and Urban Development adopted a new Real Estate Settlement Procedures Act (RESPA) reform rule. The new rule effected significant changes to Regulation X, most notably dramatically altering...

In his Emerging Issues Analysis, Professor David Frisch analyzes a number of factors to consider regarding the buyer's remedy of revocation of acceptance under U.C.C. §2-608. Professor Frisch explains:  Once the buyer has accepted...

The ABA Journal has posted an excellent update on the battle over online copyright infringement and the safe harbor of the Digital Millennium Copyright Act. In particular, the post discusses the failure of the DMCA to meet the expansion in user-generated...

In addition to the tax exemption for minor children, there are several tax credits to consider when negotiating a divorce settlement for your client. Some credits are tied to which parent is entitled to the tax exemption, and some are not. Therefore, it is...

Two recent decisions of the Supreme Court of New York, Appellate Division, First Department, may indicate a preference by that court to not deprive insureds of coverage based upon an alleged failure to timely notify an insurer of a potential claim.  ...

"Eight for '08" reviews in an in-depth and readable fashion key state and federal legislative efforts on insurance topics such as catastrophic loss, suitability, bad faith civil liability, health care reform and federal regulatory efforts. The commentary...

We have all seen the CARFAX ads, a staple of televised sporting events. The wrecked car advertised as a car with new paint; the car caught in a hurricane advertised as a car with new upholstery; the car that sustained smoke damage advertised as one hot car....

The 2008 Edition of New Appleman Insurance Law Practice Guide features a new chapter, “Understanding Employment Liability Insurance” by L.D. Simmons and Lowndes Christopher Quinlan of McGuire Woods LLP. This excerpt from the chapter explores one...

Increased international trade and the growing global economy have brought transportation law to the forefront in recent years. Transportation Law focuses on the legal issues affecting the aviation, railroad, motor carrier, and water industries. Attorneys...

Energy law is very complex and regulated. Attorneys involved in energy and natural resources law help clients comply with regulatory requirements. Their practice emphasizes rate regulation, licensing and citing of energy facilities, development of energy...

An essential function of our government is education. Although the Department of Education regulates some aspects of education through funding program, it is the individual states that have primary responsibility for education. Education is considered...

There are numerous considerations to take into account prior to drafting a complaint. The following is a checklist of issues to study when commencing an action and drafting the complaint:   1. Identify the tortfeasors: Who are the potential tortfeasors;...

Businesses working outside large urban areas in British Columbia (and, in some cases, within them as well) often need good working relationships with neighbouring First Nations, whose aboriginal claims could be affected by provincial permitting decisions....

Headed for the JAGC or just having trouble comprehending cases involving military law? Then it's time to brush up on your military law jargon. Skim through the document below for a quick lesson on acronyms and terms of art.

Typically, a client entangled in a complicated, far-reaching government investigation will ask, “How do we resolve this matter?” The better question is: “How do we resolve this and any other potential or collateral matters?” Legal...

Thinking about practicing criminal law? It may be helpful to bone up on your acronyms and terms of art. Read the document below for a quick primer!

Court statistics show that more than 95% of all civil cases are settled by the parties before trial. While many of those settlements occur at private mediation, or simply as a result of the agreement of the parties, court-ordered Mandatory Settlement Conferences...

1. Leaving stakeholders at home   Who's a "Stakeholder"?    Anyone who can green- or red-light the final agreement.   Why Can't They Simply Be Available By Telephone?   For the same reason you...

The Basics   What is arbitration?   Essentially, arbitration entails an agreement between two or more parties to try to resolve a dispute outside of the court system. The parties agree upon a third party as an arbitrator who will...

Martindale-Hubbell posed the following question to provide a variety of views on this important topic: What should be my primary considerations in choosing a particular dispute resolution strategy?

Technically, Alternative Dispute Resolution (ADR) refers not to a practice area but rather to various means of resolving legal disputes outside of the judicial system. ADR procedures can be used to resolve conflicts in almost any practice area context,...

Interested in Alternative Dispute Resolution? Here’s the skinny… Types of Firms Engaged in ADR ADR consists of an alternative to, or in some cases a prerequisite to, court litigation. Thus, any firm that engages in litigation...

American Bar Association (ABA) – Section of Dispute Resolution ( http://www.abanet.org/dispute/home.html ) and Section of Litigation ( http://www.abanet.org/litigation/home.html ) ADR and litigation sections of state and local bar...

The LexisNexis Insurance Center staff has posted a free download containing a portion of the “Understanding Life Insurance” chapter from the New Appleman Insurance Law Practice Guide . The Guide provides not only analysis,...

In 1992, while many of today’s associates were preparing for a future of the Bluebook and Shepardizing by rooting for Emilio Estevez, as lawyer Gordon Bombay, to lead the Mighty Ducks to victory, the United States Supreme Court issued what was then...

When parents divorce, there are many financial, as well as emotional, issues to consider. When a household is split in two, whether both parents work or not, there is a direct impact on their finances. There are now two households, including more than...

Construction law is concerned with the relationships between construction professionals and property owners. Most laws governing construction are drawn from state statutes and cases. These state laws consist of construction-specific matters, such...

Just starting out in the Health Care Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Health Care Law matters competently. Read on for a quick primer!   Self-referral...

Aimed at a diverse and sophisticated market consisting of law firm attorneys, in-house counsel, and health care administrators, health care law is highly regulated at both the federal and the state level. Health care law governs health care providers (such...

Alimony : Financial payments made to help support a spouse or former spouse during separation or following divorce. Also called spousal support or spousal maintenance. Alternative dispute resolution (ADR) : Methods of resolving legal disputes...

Workers' compensation is a mechanism for providing cash-wage benefits and medical care to victims of work-connected injuries and for placing the cost of these injuries ultimately on the consumer through the medium of insurance, the premiums for which are...

Situation: In most corporations, workers’ compensation claims are managed by the human resources, insurance or risk management departments. At McDonald’s, workers’ compensation costs have been reduced significantly by moving oversight of...

"It is curious that physical courage should be so common in the world and moral courage so rare." - Mark Twain * * * In the December 20, 2006 issue of Mealey's Litigation Report: Insurance Bad Faith published was our commentary entitled "When...

The Federal Emergency Management Agency, or FEMA, is tasked with responding to, planning for, recovering from, and mitigating against disasters, both natural and man-made. When a disaster, such as Hurricane Katrina, goes beyond state or local capacity to...

UIM Laws Vary   Most states have laws that provide underinsured motorist ("UIM") insurance, which allows the insured to recover damages if he or she is involved in an accident and the driver responsible for those injuries doesn't have...

Reinsurance is insurance that an insurer purchases to protect itself against exposure to large risks. The reinsurance process helps insurance companies spread and share risk against catastrophic loss. By spreading risk, reinsurance allows the insurance industry...

HIPAA is the acronym for a federal law, the Health Insurance Portability and Accountability Act of 1996. HIPAA addresses a wide range of subject areas impacting many aspects of health care and employment. In particular HIPAA concerns the privacy and security...

As the cost of health care continues to rise, and with it the cost of major medical coverage, employers and individuals are looking for more affordable coverage alternatives. Insurers, anxious to meet market demand, have developed several products designed...

Deposition is used for four purposes:   A. To gather facts about the incident at issue; B. To pin the defendant/physician to a position with the hopes he will change his testimony at trial and be impeached (discredited); C. A deposition gives...

When an insurance company retains a lawyer to defend its insured in a lawsuit, a “tripartite” relationship is created between the insurer, the insured, and the attorney retained to represent the insured.  North Carolina courts and state bar...

The sale of various forms of annuity contracts as retirement, insurance and savings products has been a staple in the financial world for more than a century. Indeed, when the Securities Act of 1933 was enacted, Congress was faced with the question of whether...

Self-insurance, in its various forms, has become increasingly common. With the rising costs of insurance, self- insurance has been utilized by many large trucking companies to control rising premiums and also to manage their claims. Read the full article...

The owner of a real estate portfolio buys environmental insurance for all of the properties in the portfolio at an attractive price to protect against future environmental problems. A seller is able to close a deal by paying a one-time premium for environmental...

"We will send that to the Insurance Department." "Let's let the brokers discuss the insurance." These comments comprise the typical discussion when it comes time to analyze the insurance provisions in commercial loan documents and other...

Just starting out in the Insurance Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Insurance Law matters competently. Read on for a quick primer!   Claim: ...

Standard Commercial General Liability ("CGL") policy forms provide coverage for advertising injury liability. Advertising injury is typically defined to comprise certain offenses, such as defamation, invasion of privacy, "misappropriation of...

Updated in 2007, UTBMS Litigation Task Codes are an emerging issue in insurance defense practice. The codes are used by insurers and assigned to certain billable tasks. Outside counsel, who are hired by the insurer to defend an insured, are then required...

Insurance Law has three areas of focus: insurance coverage, insurance defense litigation, and insurance compliance. Insurance coverage actions generally involve an insurer and the insured. The insured is seeking to recover under a policy of insurance, and...

Public or government contracts law deals with the complex and specialized body of statutes and regulations that govern the acquisition of goods and services by the government. The federal government and each state government have their own rules and regulations...

Administrative Law generally refers to the body of procedural law governing the operation of regulatory agencies in the executive branch of government. The federal government and each of the states have their own separate bodies of administrative law. Constitutional...

In common law property states, property following a marriage is divided by the equitable distribution method. Contrary to widespread belief, “equitable” does not mean equal. Instead, “equitable” means a division of assets according...

Medicaid is a joint federal-state program that provides health insurance coverage to children, seniors, and people with disabilities who have low income and limited assets and resources. It also covers care in a nursing home for individuals who qualify. Because...

Elder law encompasses a wide variety of legal subject areas – essentially any legal issue that concerns a person who is 65 years old or older. Subject areas include: medical and health care issues (Medicare, Medicaid, nursing homes, long-term care,...

Just starting out in the Elder Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Elder Law matters competently. Read on for a quick primer!

INTRODUCTION   Estate planning is more than just the preparation of a Will. A comprehensive estate plan is an essential component of a client’s overall financial plan. The objective of an estate plan is to develop a framework for the...

The Fundamentals   Estate planning is the process by which a person arranges for the transfer of assets in anticipation of death or incapacity. Typical planning includes drafting a will or a trust, as well as advising a client about how to...

Besides knowing the law and empathizing with your client’s emotional state, a family law practitioner must have a pretty solid foundation in how to prepare a household budget and when and if bankruptcy should be considered. Why? Because, next to custody...

If you are just starting out in the family law area, you may want to consider getting on your local court-appointed guardian ad litem lists. As a guardian ad litem, you will protect the interests of your ward, who may be a minor or a mentally incompetent...

Whether you are approached by the mother or the putative father, you will likely deal with quite a few paternity issues in your family law practice. A paternity determination may be requested by the mother, the putative father, the child, or a court. Also,...

Whether you represent the payor or the payee in a divorce or legal separation that includes spousal support, it is important to be aware of the potential tax consequences. The IRS has very clear and detailed guidelines on what constitutes alimony for tax...

Prior to adoption of the Uniform Interstate Family Support Act (UIFSA), there was a great deal of confusion and unfairness in the issuance and enforcement of child and spousal support orders. Sometimes, a noncustodial parent would end up paying support under...

Every time you meet a potential new client for the first time, it feels like a job interview. Both you and the client are sizing each other up to determine if you want to work together. Therefore, it is very important to make a good first impression. It...

When you prepare a child custody agreement for your client, the party entitled to claim the child is often a highly contested issue. After you have worked so hard to obtain the dependency exemption for your client, you need to be absolutely certain that...

If parties to a divorce are able to agree on how to divide their assets, a formal property settlement agreement or separation agreement should be prepared. Detailed lists of who gets what should be included in this agreement. Usually, attorneys use form...

While laws differ in each state with regard to dividing property in the context of a divorce, two primary methods exist: community property division and equitable distribution.   Community Property Division   In community property...

When we consult with our clients, we discuss at length the advantages and disadvantages of the traditional model (litigation), mediation, and collaboration, and strategize to reach the best decisions according to the unique circumstances of each particular...

This Glossary of Common Child Support Terms is intended to provide a listing of acronyms and definitions of terms used by child support workers to facilitate communication and understanding with regard to child support.

Custody clients often voice concerns about the other parent’s making derogatory remarks about the client to adversely influence the opinion of the parties’ child. When do mere derogatory remarks turn into a harmful psychological phenomenon that...

Most Property Settlement Agreements entered into between divorcing parties deal with the issue of emancipation of a child, which is the cut off date for a parent’s child support obligation. Intertwined with this issue is college or secondary education...

Family law embraces the branch of civil law that includes the legal relationships among family members, including husbands, wives, parents, children, and domestic partners. A family law attorney or a family law lawyer specializes in the family law relationships...

Committed but unmarried couples should consider making the following legal documents part of their portfolio:   Powers Of Attorney   A durable power of attorney and a living will (sometimes called a "durable power of attorney...

Under Internal Revenue Code (IRC) § 71, recapture requirements apply if excess alimony payments are front-loaded into the first three post-separation years. Their purpose is to discourage divorcing spouses from improperly characterizing property settlement...

Approaches to drafting agreements will differ, depending upon the type of agreement being drafted.   1. Determine what information you will need to put into the agreement.   (a) In the case of a Marital Settlement Agreement, you...

November 4, 2008 transformed America’s history. We elected the nation’s first nonwhite President, who supports many of our issues and seems to be inclusive of our voices. History also was made in the transgender community. The...

The threat to international shipping posed by the recent spike in piracy off the Somali coast has been making headlines. Reports of passengers falling ill while on cruise ships also dot the news, as do stories concerning workers on oil drilling rigs who are...

After the heartbreaking election-day passage of Proposition 8, far-flung spontaneous protests, and a flurry of action in the courts, many understandably are confused about what comes next on the marriage equality front in California.   At...

Antitrust law is a specialized area of the law that focuses on the balance between consumer protection and free commerce. Antitrust and trade practice implicate the availability, variety and price of any good or service at any stage of development worldwide....

There is widespread concern among employers and their counsel that the Employee Free Choice Act will be signed by President-elect Obama in the first quarter of 2009. The EFCA will significantly amend the National Labor Relations Act, which is the federal...

On October 30, 2008, the United States Court of Appeals for the Federal Circuit handed down its holding in the In Re Bilski case, which has been much anticipated because of the potential effect on the patentability of business method and computer software...

On Oct. 9, 2008, President Bush signed Michelle’s Law, which amends ERISA, the Internal Revenue Code and the Public Health Service Act. The law prevents group health plans from cancelling coverage of dependents who are students, for up to one...

Product manufacturers often face the challenge of responding to tort claims brought by a plaintiff for personal injury damages, and by the plaintiff’s insurer for recovery of monies paid to the insured plaintiff by the product manufacturer. In essence,...

Ever wonder what happens during an appellate oral argument? Through Visionbytes new Flash based Visionplayer, LexisNexis provides an inside look at the procedure. Both the videotaped argument and the transcript are available for five state supreme court...

Bankruptcy Code section 503(b)(1)(A) makes clear that among the actual necessary costs and expenses of preserving an estate are wages, salaries or commissions for services rendered after the commencement of the case.   The Different Priority Accorded...

Myths About Litigation   Many foreign clients and clients that are United States subsidiaries of foreign companies have mistaken preconception about litigation in the United States. Part of this stems from the status of litigation in...

Just starting out in the Environmental Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Environmental Law matters competently. Read on for a quick primer!   ...

From your first conversation with a prospective client, you're learning about the dispute that led the individual or corporation to seek counsel. This article presents a method for systematically organizing and evaluating this knowledge. And it illustrates...

LexisNexis Total Litigator is the only litigation platform that incorporates trusted content and tools organized into the tasks of the litigation life-cycle, from early case assessment through trial preparation, so it's built around the way litigators work,...

CaseMap is the central repository for critical case knowledge that can be used to organize information about the key facts, documents, cast of characters, issues, and case law in every matter. CaseMap software makes it easy to analyze these case details and...

The CaseMap Fundamentals webinar series teaches the key features you'll want to know to get up and rolling with CaseMap. Six brief webinars, most under 12 minutes long, make up this "Basics" course. They're all available 24/7 so you can take...

Introduction to the “Corporate Tax” and Resulting Double Taxation   A “corporation” is a legal entity created under a state or other statute that allows “incorporation” by persons who become the “shareholders”...

The Sources of Employment Discrimination Law   [A] The United States Constitution As the fundamental law of the land, the United States Constitution imposes on public employers duties that limit their ability to make employment...

Lee Harvey Oswald either shot President Kennedy or he did not. This is an important question, but for trial lawyers, the question is whether a party — here, the prosecution — could have proved Oswald’s guilt at a trial. This is where...

Benjamin K. Sibbett addresses the situation in which an attorney is representing a nationally-focused, non-U.S. company without an international presence in connection with its acquisition of an international business division from a large U.S. company. In...

In the wake of a number of security incidents in the United Kingdom and elsewhere, the debate has reopened as to whether there should be a US-style security breach notification law, requiring those suffering a data breach to notify individuals, as well as...

Confused by the different terrorist lists? So are many people. LexisNexis® Expert Commentaries provides a concise explanation of the Foreign Terrorist Organizations List, the Terrorist Exclusion List, the Specially Designated Terrorists List, the Specially...

The landscape of criminal cartel enforcement is undergoing a tectonic shift. David L. Cook, counsel in Clifford Chance US LLP's Litigation and Dispute Resolution practice, who specializes in international litigation, antitrust, commercial litigation and...

Reached at his desk in Kansas City, Gary D. Gilson sounds busy. His firm has recently completed a merger to form Husch Blackwell Sanders LLP, and as with any merger, sorting out the integration issues takes time. “It’s given me even more empathy...

Mergers and acquisitions, whether done through a merger, a tender offer, or another transaction, are heavily regulated, generally to protect the shareholders of the target firm. If a foreign company is the target, foreign law and regulation will govern the...

When real property is sold during the term of a lease, the rights and responsibility of the lease apply to the tenant and new owner; however, a foreclosure judgment will terminate the lease, particularly if the lessee is named as a defendant in the foreclosure...

There are many legitimate reasons- such as a bad credit report, unstable employment history or bad prior landlord references- for a landlord to reject a tenant, but a landlord may not treat a tenant differently based on any of the following reasons:  ...

The irrevocable life insurance trust (ILIT) provides an accessible means of producing estate-tax-free dollars that is without equal in terms of the potential savings measured against what the grantor has to give up in return.   Basics of Life...

If your client can't stomach the tax bill received after an IRS audit, you may want to appeal to the IRS for a second look. So many taxpayers are able to downsize the amount of taxes, interest, and penalties owed by appealing that IRS agents grudgingly refer...

Various types of transactions may implicate the tender offer rules, including acquisition transactions, debt or equity repurchases and certain debt restructurings. As such, practitioners should have a general familiarity as to what may constitute a tender...

An "initial public offering" (IPO) is typically used when a business decides to "go public" to raise capital by offering ownership interests in the company to the public at large. The federal securities laws require the company to file...

Typically, ownership of an idea or invention is determined by whom and in what context the creation took place. For example, an individual who invents something entirely on his own retains complete ownership. On the other hand, an individual hired by a company...

Trade secrets can be any type of information, process, idea or "know how" that is not generally known and gives the possessor an advantage in the marketplace. Trade secrets, therefore, include a wide range of confidential business information known...

The term "white collar crime" broadly refers to any type of illegal conduct in a business setting. Examples include:   Fraud Theft Bribery Extortion Tax evasion Other acts of corruption  ...

Traditionally, Delaware has been considered a favored state for incorporation; however, because of other states’ adoption of provisions of a Model Business Corporation Act (see below for the ABA's Model Act) or of provisions of Delaware corporation...

U.C.C. section 2-607(3)(a) requires a buyer to give a seller notice of breach within a reasonable time after the buyer discovers or should have discovered the breach. Failure to give the specified notice bars a buyer from any remedy for breach. This harsh...

Varieties of Fraud   Fraud and its effect upon exemptions assume many shapes and forms. Frequently, the alleged fraudulent conduct occurred before the initiation of the case, such as false statements made to obtain credit, acquisition of property...

A fourth priority is available under Bankruptcy Code section 507(a)(4) for allowed unsecured claims for wages, salaries and commissions, including vacation, severance and sick leave pay earned by an individual. It is also available for sales commissions...

Some environmental statutes promote the cleanup of past abuses of the environment. At the federal level, the most prominent such law is the Superfund ("CERCLA") program, which establishes a system for designating the most contaminated sites and...

Environmental permitting programs regulate activities deemed to have potentially harmful effects on the physical environment in which we live. For example, federal and state statutes require permits for discharges to the air from industrial smokestacks, liquid...

Thousands of young attorneys will sit down to take their first deposition every year the same way I did, with roughly the same amount of dread and exactly the same amount of training.    A lot and none whatsoever. So that someone...

The Civil Rights Act of 1964 requires that the federal Equal Employment Opportunity Commission (EEOC) enforce anti-discrimination laws. The EEOC is authorized to investigate and settle claims of illegal discrimination. In addition, many states have their...

Businesses are financed in a variety of ways, each of which has advantages and disadvantages.   Bank Financing Bank financing is the most common type of financing for businesses - especially small businesses. In most instances, a lender making...

In his Expert Commentary on Notice in Unforeseen Leave Cases, Darrell VanDeusen, author of the LexisNexis treatise on the Family and Medical Leave Act, reviews the approach that the Seventh Circuit is taking in addressing notice issues. Following are excerpts...

New York has enacted legislation to protect owners of distressed properties from predatory practices by purchasers. In his Expert Commentary, Alfred C. Tartaglia discusses the Home Equity Theft Prevention Act, its effect on title insurance, and its application...

Collier’s Expert Commentary on Remedies for Violation of the Automatic Stay covers whether a violation of the automatic stay in bankruptcy is void or voidable, the annulment of automatic stays, the punishment for violation of a stay by contempt of court...

Bankruptcy Code subsections 524(c) and (d) prohibit the enforcement of the reaffirmation of a discharged debt unless specific requirements have been met, and if an agreement to pay a discharged or dischargeable debt does not meet the requirements of subsections...

"Defamation" is a false statement communicated to someone else that is intended to damage a person’s reputation or good name. Defamation through writing is called "libel," whereas spoken defamation is called "slander."...

For almost 29 years, Alabama law dictated that the state's two-year statute of limitations for toxic torts cases ran from the date of the last exposure to toxic substances. As set forth in Garrett v. Raytheon Co. , 368 So. 2d 516, 520-521 (Ala. 1979), the...

Every day in the United States, more than 800,000 shipments of hazardous materials are transported across highways by tractor-trailers. On a single stretch of highway in Augusta County, Virginia, 216,000 gallons of flammable liquid travel north and south...

Personal injury (PI) law covers civil liability for injury to the “person,” which can include corporate entities if certain requirements are met. Injury includes any wrong or damage done to another in his person, property, rights, or reputation....

Product liability cases turn not only on whether there was an injury from using the item but also on whether the product was defective or unexpectedly dangerous. A "defective product" is a product that causes damage or injury to a person as a result...

Wrongful Death Defined   A wrongful death lawsuit is premised on the fact that a wrongful death not only injures the person who has died, but also injures the people who depended upon the deceased for financial or emotional support. The wrongful...

A no-fault auto insurance system requires drivers to have minimum insurance in the event the driver is injured. The insurer automatically pays for the driver’s damages, regardless of who is at fault for the accident, which theoretically keeps insurance...

Products Liability law holds designers, manufacturers, and sellers civilly liable for the harm suffered by buyers and users of defective products. A “product” can be almost anything, from an aeronautical chart to a Ziploc™ bag. Categories...

Interested in practicing in the Personal Injury Law field? Here’s what you have to look forward to …   Types of Firms Practicing Personal Injury Law   PI is a broad and popular practice area, covering many different...

Interested in practicing in the Pension & ERISA Law field? Here’s what you have to look forward to …   Types of Firms Practicing Pensions and Benefits Law   Pensions and benefits law issues are dealt with by attorneys...

Many workers, upon retirement, receive monetary compensation from their employers in the form of a pension. There are two types of pensions—defined benefit plan and defined contribution plan. Under a defined benefit plan, the benefit that an employee...

Just starting out in the Labor & Employment Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Labor & Employment Law matters competently. Read on for a quick primer!  ...

The termination of a single employer plan, that is, a plan maintained either by a single individual employer or by two or more related employers, will involve Internal Revenue Code (the Code) rules. In addition, if the plan is subject to Title IV of the Employee...

Prior to the enactment of the Employee Retirement Income Security Act of 1974 (" ERISA "), the Internal Revenue Code provided virtually the only rules governing employee benefit plans. However, these rules were hardly all encompassing. Plans could...

An issue that has plagued the Supreme Court in the past is whether and in what circumstances a Title VII plaintiff may state a claim for relief based on present day harm suffered as the result of the lingering effects of discriminatory acts that occurred...

Adopting a broader test for retaliation under Title VII than had previously existed in many federal judicial circuits, the Supreme Court of the United States in Burlington Northern v. White concluded that a plaintiff may establish retaliation under Title...

I. STANDING PRETRIAL ORDER   A. All Judges Now Use the Same Standing Pretrial Order.   1. The Court attaches the Standing Pretrial Order to the Notice Setting Case For Trial. 2. The Notice Setting Case For Trial is usually received...

Management's Discussion and Analysis of Financial Condition and Results of Operations ("MD&A") is a dynamic disclosure vehicle that adapts to meet changing regulatory concepts and internal and external developments affecting a company. This...

Many homeowners receive solicitations to refinance their homes or to take home equity loans. The solicitations come in the mail, making it sound as if monthly payments would be greatly reduced and that the homeowner would be left with extra money to...

The following directives must be observed in order to perform due diligence:   Commence legal and business due diligence as early as possible. Review organizational documents. Review principal commercial contracts and customer...

Interrogatories are part of the pre-trial discovery process. Fed. R. Civ. P. 33 authorizes a party to serve written interrogatories on another party and requires that the interrogatories be answered separately and fully under oath. Written interrogatories...

With the onset of Sarbanes-Oxley and the increase of prosecutors' and regulators' use of the Federal Sentencing Guidelines as an offensive weapon, the general counsel's organizational authority, relationships, responsibilities, and potential liability have...

Situation: A longstanding female employee -- who did not complain internally -- files gender discrimination charges with the Equal Employment Opportunity Commission (EEOC) alleging that she has been repeatedly passed over for promotion in favor of less qualified...

Frequently, companies that are considering offshoring find themselves conforming their sourcing strategies to existing alternatives offered by service providers rather than constructing alternatives more suited to their unique requirements.   ...

Fair use is a legislatively codified equitable doctrine designed to carve out certain exceptions to the copyright monopoly for the benefit of the public. 17 U.S.C. §107; see Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). Fair use has traditionally...

Wetlands issues continue to be a major focus of environmental debate and discussion. The U.S. Army Corps of Engineers (the Corps), the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) are working on guidance for interpreting the rather...

The creation of a corporation by the filing of a certificate of incorporation and the holding of an organizational meeting establishes an independent entity. In order to maintain the fiction of separate existence and avoid a “piercing of the veil,”...

The term "nonprofit" broadly refers to any organization in which income and revenues are not shared on the basis of ownership as there are no shareholders or official earnings to distribute. Corporate status for nonprofit entities provides a shield...

Despite growing globalization of the US economy, employers are facing more immigration-related obstacles than ever before in employing a global workforce. This includes caps on the number of H-1B workers, backlogs for immigrant visas, higher fees for petitions,...

John Councellor was the president and controlling stockholder of First Metals and Plastics Technologies, Inc. He loaned the company more than $200,000 and filed a financing statement with the Indiana Secretary of State's office on December 30, 2002, covering...

From an employer's perspective, whether a covenant not to compete is enforceable is irrelevant if a departing employee and other parties can be sued into submission.   Employer strategies include the following:   Seeking a temporary...

Thomas L. Friedman in his book, The World Is Flat: A Brief History of the Twenty-First Century (Farrar Straus and Giroux, New York 2005) at page 114 quoted the following African proverb: “Every morning in Africa a gazelle wakes up. It knows it must...

As a condition to getting a loan, a business is usually required to provide assets as security or collateral. The borrower signs a security agreement giving the lender the power to foreclose on the assets if the business defaults on the loan.   ...

Several provisions of the Bankruptcy Code are designed to afford small business debtors an accelerated, more efficient, and less expensive mechanism for reorganizing their businesses by eliminating the requirement for the appointment of a creditors' committee...

Enacted in 1990, the Americans with Disabilities Act (ADA) added disabilities to the list of characteristics - such as race, color, religion, sex and national origin – that were subject to protection from discrimination. The ADA guarantees equal opportunity...

Home owners' associations ("HOAs") are usually non-profit corporations, set up to maintain a certain standard quality in the neighborhood. The aim is to keep property values in a condo building or subdivision as high as possible. HOAs are run like...

The Securities Act of 1933, as amended (the "Securities Act"), prohibits anyone from publicly selling or offering to sell any security unless that security is the subject of a registration statement that has been declared effective by the Securities...

Getting an audit notice can strike fear in the hearts of the bravest of taxpayers. Educating your client as to a few simple rules can make the process less painful for him or her.   Kinds of Audits   Audits differ in kind and may...

A partnership is often chosen over other structures as the tax entity best suited for the conduct of a business. Inevitably, taxpayers and their advisors must consider the disposition or monetization of their interest in that business. Extracting a taxpayer's...

Robert Wagner, the heartthrob actor from the 60s, is on television promoting reverse mortgages. Surely, he does not need one. The question is, "Who does?"   Reverse mortgages present a fair deal to many, but not all seniors, who...

The Trademark Trial and Appeal Board ("Board" or "TTAB") currently consists of the Chief Judge and 18 Board members, referred to as Administrative Trademark Judges and 14 Interlocutory Attorneys, and support staff. The Board decides ex...

Every business that extends credit has had to deal with customers filing bankruptcy. If you receive a frantic call from a client who has just received notice that a customer who owes on an account has filed or is going to file bankruptcy, you’ll need...

In Qualcomm Inc. v. Broadcom Corp. , a magistrate judge in the United States District Court for the Southern District of California has awarded one of the highest monetary sanctions awards ever for misconduct relating to e-discovery. The district court subsequently...

Robert M. Jaworski analyzes the "perfect storm" that has hit the subprime mortgage industry--including what caused the storm and what the effects of the storm have been. Mr. Jaworski writes:         Speculation...

Overall, the first wave of the subprime class action litigation, which centers on allegations of misstatements/delayed statements by public companies to their shareholders concerning the extent of collateralized debt obligation (CDO)-related losses, can be...

Although the SEC's efforts to directly regulate hedge funds have been thus far unsuccessful, its enforcement program against hedge funds and their investment advisers remains aggressive. Hedge funds are some of the most active traders on Wall Street and represent...

Thomas L. Friedman in his book, The World Is Flat: A Brief History of the Twenty-First Century (Farrar Straus and Giroux, New York 2005) at page 114 quoted the following African proverb: “Every morning in Africa a gazelle wakes up. It knows it must...

This last year has witnessed some of the most significant developments in securities class action jurisprudence in decades, led by the U.S. Supreme Court's very prominent interest in securities cases, and its decision to grant certiorari in two important...

There are an estimated 105 million e-mail users in the United States, sending more than 1.5 billion e-mails daily, or approximately 547.5 billion e-mails per year. Indeed, over 99% of new information currently being created and stored is being created and...

The following companies are subject to the continuous reporting requirements of the Exchange Act.   A. Any company with securities registered under the Exchange Act (referred to as Section 12 companies) and   B. Any issuer who has...

Final Regulations under Circular 230, issued on December 20, 2004 (T.D. 9165) and as amended May 18, 2005 (T.D. 9201), establish standards for tax "practitioners" providing Covered Opinions and Other Written Advice as well as "best practices"...

Relationships between U.S. employers and employees are no longer confined to activities occurring within the borders of the United States. The shifting of work overseas, the development of relationships between U.S. and foreign companies, and the involvement...

Section 7430 (a) and (b) provide a taxpayer the right to recover costs, including fees of experts and attorneys paid or incurred:   1. In an administrative or court proceeding brought by or against the United States; 2. In which the taxpayer...

In McNeil Nutritionals v. Heartland Sweeteners , the Third Circuit ruled that store brand copies of national brands can have packaging that comes closer to that of the national brands than a competing national brand could, provided the store brand packaging...

The Patent Act empowers a court to treble actual damages awarded to a patent owner for patent infringement. 35 U.S.C.S. § 284. Section 284 does not provide a standard for enhancing damages, but courts historically have linked damage enhancement, as...

A venerable patent law axiom-"a patentee may be its own lexicographer"-- allows a drafter to define, explicitly or even implicitly, in a patent specification an ambiguous word or phrase in a patent claim or even give an unconventional meaning to...

Financial and corporate crises bring regulation; the bigger the crisis, the more the regulation. A few years ago, major corporations, particularly Enron and WorldCom, were engulfed in scandals. Coming hard upon the bursting of the dot.com bubble and revelations...

Hugh K. Webster, a partner in the Washington, DC law firm of Webster, Chamberlain & Bean, discusses Northern District of Ohio's recent holding in In re Welding Fume Litigation that participation by a non-manufacturer's employees in an industry association,...

The Trade Dress Protection doctrine, which precludes protection of designs and product features that are "functional," no longer has a uniform application nationwide as to aesthetic features. According to the Southern District of California’s...

Federal Reserve Chairman Ben Bernanke announced that in 2007 there were 1.5 million home foreclosures, up 53 percent from 2006, and it looks as though 2008 the rate of new foreclosures will be even higher. One of the issues debated in Congress is whether...

Federal Reserve Chairman Ben Bernanke announced that in 2007 there were 1.5 million home foreclosures, up 53 percent from 2006, and it looks as though 2008 the rate of new foreclosures will be even higher. One of the issues debated in Congress is whether...

I. Choices of Business Entity.   A. Sole proprietorship. In conducting a business as a "sole proprietorship", an individual (the "sole proprietor") typically segregates a portion of his or her assets and dedicates...

A most important option available to a taxpayer is to appeal proposed audit adjustments to the IRS Appeals Office. Congress agrees and the IRS Restructuring and Reform Act of 1998, Pub. L. 105-206 (the "98 Act") required the Service reorganization...

Securities transactions are subject to regulation under both federal and state law. Since the federal securities laws are based on Congress' power to regulate interstate commerce, they generally apply only to transactions involving "the use of any means...

If a commercial borrower falls behind on commercial building payments, the lender can declare a default and foreclose on the property. The execution of a mortgage or deed of trust creates a security interest in the property that gives the lender the right...

Non-Conforming Use   Existing properties are often used in a manner that is inconsistent with a new zoning ordinance. Such uses are referred to as "non-conforming" uses because they do not "conform" to the requirements of...

Imagine that your client calls you and tells you that he has just agreed to purchase a closely held business. You are asked to prepare the purchase contract for the deal. Where do you begin? You might begin by asking your client the following questions. Some...

In assessing whether preparation for litigation was the primary motivating factor, some courts have found that the timing of the preparation of the document is a factor to be considered. Many of these cases involve the issue of whether insurance investigations...

Depositions can be the largest single item in your case's litigation budget, can decide whether the case settles before trial and can be outcome determinative. It is therefore important at the onset of a case to identify what are the key elements in a case...

Planning around a corporation, especially one owning substantial amounts of appreciated assets eligible for long-term capital gains treatment (such as farmland), poses substantial challenges. In his Expert Commentary, Professor Neil Harl writes:  ...

Situation: Ensuring management and employees at every level understand and obey the rules of governance is difficult for foreign subsidiaries operating in emerging markets, such as China, where local regulations and business practices may be inconsistent...

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not merely a codification of the status quo in international trade, but is part of a progressive effort toward harmonizing diverse approaches to international law. As...

Think an employer has to be generous with work breaks and days off? Think again. The laws in this area definitely favor the employer.   Vacations and Holidays   No private employer has to offer vacation or holiday time off, with or...

The Family And Medical Leave Act (FMLA) was enacted to strike a balance between work and family by providing job security and mandating the continuation of benefits for workers who need time off to attend to serious family matters. The FMLA permits...

Economic conditions over the past few years have increased the number of distressed companies that are seeking to sell assets as part of their plans to improve their financial condition. Rising interest rates, oil prices and large legacy costs are some of...

When a U.S. citizen or resident client owns property in a foreign country, that client will face a number of U.S. and foreign legal and tax issues, and these issues sometimes are complicated or simplified by treaties between the United States and the foreign...

This Outline explores some of the principal liability issues which arise in connection with the conduct of E-commerce, particularly liability for violation of the intellectual property law and laws regulating the provision of goods and services to the consumer...

Copyright developed after the invention of the printing press as a means of protecting works of authorship. The United States Copyright Law derives from a constitutional grant to Congress to promote progress in science, knowledge and learning. Copyright protects...

In the last few years, there have been important developments that bear on the law governing clinical trials and attendant liability, insurance, regulatory, and policy issues. The developments include the globalization of pharmaceutical research, increased...

First and foremost, the antitrust treatment of intellectual property is not different from other types of property. The D.C. Circuit Court of Appeals succinctly underscored this point in the Microsoft case when analogizing Microsoft's ownership interest...

During the cacophony of a Friday evening happy hour at a crowded bar in downtown Washington, D.C. not too long ago, I could not help but overhear a loud conversation between a man and woman standing next to me. Being in the nation's capital, it was easy to...

Risk assessment has become increasingly recognized as an effective and essential tool for supporting decisions in the remediation of sites in the United States during the past 15 years. Beginning in the 1980s, risk assessment was applied to the remediation...

1. What's a Fixture? State Law continues to determine what is a "fixture." The only help the UCC offers is in Section 344(a), which says, in effect, that the term does not include "ordinary building materials incorporated into an improvement...

Some of the large land-title insurance companies now offer Uniform Commercial Code ("UCC") insurance policies. UCC insurance provides indemnity insurance for the attachment, priority, and perfection of the lender's security interest (there also...

With increasing frequency, many issues are purposefully relegated to the "back burner" during the pendency of a chapter 11 case and are resolved post-confirmation of the plan. Other issues arise unexpectedly after the chapter 11 plan has been confirmed....

The Uniform Commercial Code (the "UCC"), a product of joint efforts by the American Law Institute ("ALI") and the National Conference of Commissioners on Uniform State Laws ("NCCUSL"), consists of eleven articles, the first of...

Whilst many aspects of the distribution relationship will be similar when distributing within the EU there are important differences to bear in mind and which can be costly to ignore. This paper attempts to be informative as regards the general context of...

The LexisNexis Bookstore provides the most comprehensive collection of legal research products available on the web, with the full LexisNexis Publishing TM line of Matthew Bender®, Michie TM , and Shepard's ® products available to assist with...

Protect IP and leave nothing to chance by relying on the world’s largest collection of searchable full-text and bibliographic patent databases, including images, citations, legal status and patent family collections. TotalPatent ™ is an online,...

PatentOptimizer is a first-to-market service that facilitates the patent professional’s analysis of patent applications and granted patents by enabling them to identify key issues in the patent prosecution and litigation processes. PatentOptimizer...

Gain more strategic insight and greater control of patent litigation through LexisNexis® Total Litigator. LexisNexis Total Litigator simplifies access to critical patent content, providing greater control over the litigation process and improving litigation...

Designed for practicing intellectual property professionals, the Global IP Law Service features up-to-date global IP law information covering international patent law and trademark law, IP legislation and regulations, and current news updates from more than...

Profile a company, whether a prospective client or an opposing party—find current financial and company information, review relevant company news and press releases, and read about related intellectual property and legal information. LexisNexis Analyzer...

Make patent research faster, easier, and more intuitive with the LexisNexis Patent Area of Law tab, which provides access to critical patent content and relevant resources from a single location. Have the entire line of LexisNexis research offerings at your...

Launched on Lexis.com in December 2007, New Appleman Premium Online Checklists is a stand-alone online premium checklist product that supplements the master checklists included in the New Appleman Practice Guide that also launched in December 2007. ...

Many, but not all, states have homestead exemptions that protect the home in which a family lives from being sold to satisfy debts held by judgment creditors. Homestead exemptions do not protect the family from foreclosure by the mortgage holder or...

When your case preparation calls for detailed analysis of current, high-profile, emerging law and significant cases, LexisNexis Cases in Brief can help you quickly gain the insight you need. The LexisNexis Case in Brief provides a single source of information...

Spurred by the environmental movement of the 1960s, Congress began to address environmental protection by enacting numerous statutes in the early 1970s. Most of these statutes are implemented through extensive administrative regulations at the federal or...

A nuisance is a use of property that causes injury to others. A private nuisance is an unreasonable interference with the use and enjoyment of property of another, usually an adjoining landowner, while a  public nuisance is one that may cause a broader,...

Situation: As a result of Sarbanes-Oxley, the Securities and Exchange Commission (SEC) is required to review systematically the filings for all public companies, including the 10-K, and began doing so in 2004. During a review process, the SEC may issue comment...

The New Appleman Insurance Law Practice Guide packs an unprecedented wealth of procedural guidance, analysis, and strategic insights in three convenient volumes. Focusing on the day-to-day needs of practitioners, this one-of-a-kind resource:  ...

It’s constantly growing to meet your expanding workload. But you never have to look beyond the Insurance Practice Center to find the facts you need :   • Case law, statutes, administrative codes and rules • CFR, insurance...

Whatever challenges you are facing today, LexisNexis empowers you with a single, integrated knowledge solution . Our tightly knit family of online, CD-ROM and print products helps you answer questions faster, solve problems more confidently, stay on task...

LexisNexis is the only place to find Miller’s Standard Insurance Policies Annotated online— Miller’s is the gold standard for finding relevant case-law interpretation of policy clauses and endorsements. Well known as the only collection...

Broker liability is a hot issue right now with a different insurance company in the news each week. To stay current on these developing issues subscribe to Mealey's Insurance Broker Liability Repor t. For in depth analysis of the roles and potential liabilities...

What do you need to know? Where the witness lives now? Who owns the business? What was the weather on the date of the accident? Is the doctor licensed? Is doing business with the corporation a major risk? Find out by reaching out to the LexisNexis services....

Connect with leading Insurance/climate change practitioners as you track and discuss today’s hot topics, headlines, expert commentary and industry news. LexisNexis designed the Insurance Center to provide the busy litigator/transactional attorney with...

Anticipate change. Reduce mistakes. Improve response. LexisNexis® Insurance Compliance is a total solution that combines industry-leading resources with insight, analysis, and commentary by recognized insurance experts. Through a single, easy-to-use...

Get everything you need to perform in-depth M&A due diligence on acquisition candidates, targets and your own customers with never-before speed and confidence … all in one place. Access Webinar

Unless a bankruptcy case is dismissed, property that is exempt under 11 U.S.C.S. § 522 is not available for the payment of any debt during or after bankruptcy, except for tax liens, educational loans and grants obtained by fraud, and debts secured by...

Confidentiality issues need to be addressed when conducting mergers and acquisitions with competitors or customers and suppliers.   Read the full article on martindale.com ®.  

One or both parties may request that their preliminary understandings be embodied in a letter of intent or memorandum of understanding. The wisdom of entering into such an agreement at an early stage of negotiations when the terms of the transaction are preliminary...

In the field of Mergers & Acquisitions, the ultimate question is how much the buyer should pay for the target. In order to determine the price, an attorney representing the buyer is required to engage in the relatively mundane yet crucial process of fact...

Physicians are ethically bound by an American Medical Association mandate to disclose adverse medical incidents. Counsel typically warn physicians about the risks of discussing adverse incidents with patients or their families because of malpractice risks....

In E-Discovery situations, often the volume of documents to be produced is given much attention, since the amount of electronically stored information (“ESI”) at issue can have a direct effect on the cost of production. However, the form of production...

The first place to start in preparing to close a merger, acquisition, or consolidation transaction is to review all the conditions to closing set forth in the merger, securities, or asset purchase agreement and create a checklist of the items that are needed...

Based on extensive research and in-depth analysis of the early case assessment practices of leading litigation firms and companies across the United States, we have developed the following early case assessment approach and recommended sources available...

Situation : In reviewing recent studies in my work as discovery compliance counsel, I have found that an average corporate lawsuit involves slightly under 1,000 data custodians who, on average, store eight gigabytes of data on each of their hard drives....

As a new associate you’re likely to be taking depositions. Here’s a ten-step checklist to help you avoid common pitfalls that can hurt a deposition.

Many foreign clients and clients that are United States subsidiaries of foreign companies have mistaken preconception about litigation in the United States. Part of this stems from the status of litigation in foreign countries, particularly in countries such...

Typically the parties are little concerned about a dispute resolution clause. Some clause may be picked from another unrelated and dissimilar contract and inserted. Once any dispute occurs this clause can become the most important clause in the contract....

What is a Trademark? A trademark can be anything that indicates the source of a product or service and distinguishes that product or service in the marketplace from those of others. Trademarks can be words, phrases, logos, smells, musical tones (the NBC...

Careful planning and informed decision-making are the hallmarks of successful selection, adoption, and registration of trademarks and service marks. This paper outlines certain fundamental concepts of trademark law and specifically discusses the advantages...

CERCLA was passed in 1980 at the end of the ninety-sixth Congress to clean up leaking, inactive or abandoned sites and provide emergency response to spills. CERCLA is the abbreviation for the Comprehensive Environmental Response, Compensation, and Liability...

Over the years, environmental pollution has spawned a great deal of public and private litigation and related governmental investigations. One type of claim, however, has seen little contemporary litigation: claims for natural resource damages ("NRD")....

The maturity of the Clean Water Act ("CWA"), 33 U.S.C.S. §§ 1361 et seq., provides a convenient device to gain insight into environmental enforcement. The relative ease of enforcement due to the self monitoring and reporting requirements,...

This paper discusses both the clean up process and the clean up standards and methods under the federal Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. ("CERCLA"). There have been significant changes...

Environmental litigation frequently involves litigation with the Environmental Protection Agency and other federal regulatory agencies and their state counterparts. This form of litigation is seldom "plenary," and because it most often involves...

Employment Agreements are enforced under state law. So it is vital to understand which state law is applicable to the contract. One way is to get agreement that a particular state law governs, but it is necessary to select a state law which has a defensible...

There was a time when firings were financially painful only for employees. Increasingly, however, terminated employees are suing and collecting from former employers. Whether an employee can recover depends on who was fired and why, and on which law applies...

Ensuring uninterrupted cashflow is a key element of securitized mortgage documentation. A SECURITIZED MORTGAGE LOAN is a commercial real estate mortgage loan that is underwritten and documented to ensure that it will be marketable to investors in the...

There are many ways for a supplier to bring its products or services to market. It may sell directly through employees to the ultimate user. It may sell through commission sales agents who do not take title. It may sell to independent wholesalers or distributors....

§ 15:5 Representing a Secured Creditor in Chapter 11   (1) See supra section 15:4.   (2) Determine whether creditor has interest in cash collateral. See chapters 5, 8, and 11 of this book. If so:   (a) Confirm that...

Chapter 15 of Bankruptcy Deskbook includes checklists intended to provide some general guidelines for those desiring a quick orientation when called upon to represent a creditor in a bankruptcy case. Because all of the many issues and considerations that...

Pride, envy, wrath, sloth, avarice, gluttony, and lust. In Christian theology, these seven deadly sins are considered such odious failings that they are fatal to a soul's spiritual progress. Renaissance poet Dante Alighieri built his seven levels of...

In this Emerging Issues Commentary, Jessica Ferrell of the Marten Law Group examines efforts by environmental groups to require federal wildlife services to consider climate change impacts in listing decisions under the Endangered Species Act (ESA). Among...

A Vermont federal district court’s ruling in Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie that state-level greenhouse gas (GHG) emission requirements for new motor vehicles are not preempted by federal fuel efficiency standards is examined...

On June 19th in the Rapanos v. U.S. decision, the U.S. Supreme Court vacated and remanded for further proceedings two Sixth Circuit opinions holding that the U.S. Army Corps of Engineers had jurisdiction over wetlands adjacent to a tributary of traditional...

The plaintiffs in environmental litigation often face a maze of procedural dead-ends which they must avoid to get to a hearing on the substance of their case. Of principal concern are those doctrines which may require dismissal in even the most meritorious...

This paper will address several of the most common plan confirmation issues, including adequacy and approval of the disclosure statement, good faith, feasibility, and the requirements for cramdown under section 1129(b) of the Bankruptcy Code. Although other...

When two lenders make loans to a debtor at the same time, it is common for the loan documents to include agreements between the lenders as to the relative priority and rights of each lender vis a vis the other. These so called intercreditor agreements...

Mergers and Acquisitions is the area of law dealing with corporate restructuring and the consolidation of companies. Sometimes the entire practice is known as mergers, acquisitions, and joint ventures. Joint ventures are included in this area because a company...

LexisNexis® Expert Witness Summaries is a comprehensive and proprietary database that comprised of reports relating to thousands of expert witnesses - in all key practice areas and disciplines - who have testified/appeared in litigation. Each summary...

There is no set list of tasks for an international practitioner as his/her activities depends on specialization, client, and the countr(ies) in which the client operates or desires to operate.    Examples of activities may include the following:...

Treaty Research (U.S. treaties, UN treaties, and other treaties, conventions, protocols, agreements where the U.S. is not a party) Agency Decisions, Bulletins & Notices (U.S. Customs & Border Protection, U.S. International Trade...

The 2006 Federal Circuit Court of Appeals ruling in Coltec Industries, Inc. v. United States has given the Internal Revenue Service another weapon in its aggressive enforcement efforts against taxadvantaged transactions that are specifically structured...

On August 2, 2007, the Treasury Department and the IRS released a report titled “Reducing the Federal Tax Gap.” The report addresses the IRS’s strategy for reducing the tax gap. The report includes seven components and sets out compliance...

The Economic Growth and Tax Relief Reconciliation Act of 2001 introduced the Roth contribution program for 401(k) and 403(b) plans beginning in 2006, but with a limited duration set to expire at the end of 2010. The Pension Protection Act of 2006 eliminated...

Unfortunately, many citizens not familiar with Section 501(c)(3), are falling for a spam scam. The IRS is reporting that thieves are using a method called phishing, a technique used to acquire personal financial data in order to gain access to the financial...

Two recent enforcement actions, one by the Securities and Exchange Commission ("Commission") against Consulting Services Group, LLC (“CSG”), an investment adviser, and one by the Financial Industry Regulatory Authority (“FINRA”)...

Reminiscent of the 1980s, the heydey of Wall Street protagonist Gordon Gekko, along with real-life Wall Street insiders (and eventual felons) Ivan Boesky and Michael Milkin, who mesmerized the securities industry, today's equity markets are soaring and...

In Weissman v. Nat’l Ass’n of Sec. Dealers, Inc. the U.S. Court of Appeals for the Eleventh Circuit held that NASD and NASDAQ were not entitled to absolute immunity from civil damages claims challenging certain alleged for-profit, commercial activities....

In the Summer of 2005, the United States Supreme Court held in Kelo v. City of New London that local governments can take private property through eminent domain for the purpose of economic development and transfer ownership to other private entities...

Outsourcing arrangements inevitably involve mutual interdependence between the customer and the supplier. The supplier is unable to perform some of the services in accordance with the service level requirements unless the customer performs some obligations,...

Every international business faces the issue of what to do when a foreign bureaucrat demands "a little something extra" for doing his job in a timely manner. While one might simply consider this a cost of doing business in a different culture, it...

With an endless list of due diligence items to consider, companies sometimes overlook a critical factor that could make or break the deal. It can be as mundane as the target's computer operating systems or the big-picture idea behind the merger. Thinking...

Situation: Ensuring management and employees at every level understand and obey the rules of governance is difficult for foreign subsidiaries operating in emerging markets, such as China, where local regulations and business practices may be inconsistent...

On November 1, 2005, the United States Environmental Protection Agency (“U.S. EPA”) issued a Final Rule entitled “Standards and Practices for All Appropriate Inquiries,” that became effective November 1, 2006. The U.S. EPA has for...

The Securities and Exchange Commission (“SEC”) has issued its new rules comprehensively revising the disclosure requirements for executive and director compensation, related party transactions, director independence and other corporate governance...

Open source software is software that is distributed with the source code and without prohibitions on either the creation of modifications to that source code or further distribution of the software. Those contributing modifications to software licensed...

On May 23, 2006, the United States Patent and Trademark Office issued the 100th utility patent I have written and prosecuted (U.S. Patent No. 7,048,118, “Support Post With Locking Feature”), the last 14 while I’ve been with Clausen Miller. ...

The obligations of a board of directors in the discharge of their fiduciary duties are especially significant when the company is for sale. While there is no definitive set of procedures required, directors must take reasonable steps to maximize shareholder...

In a recent decision, the Federal Circuit narrowed patent infringement claims based on a theory of "divided infringement," which is of particular importance in telecommunications, networking, Internet and software patent litigation.   ...

LexisNexis Martindale-Hubbell posed the following question to provide a variety of views on this important topic: In light of the new Federal Rules of Civil Procedure, how -- and how much -- should companies educate employees about their duties in document...

The Securities and Exchange Commission (the "Commission") has adopted new rules that allow issuers to use the Internet as an alternative method to satisfy proxy material delivery requirements. In another step to update its regulatory framework...

If a client gives informed consent, a lawyer may represent the client in a collaborative law process. Nonetheless, the lawyer is still bound by the rules of professional conduct, including the duties of competence and diligence. Read the full...

On May 29, 2007, the U.S. Supreme Court agreed to decide whether federal courts may enforce agreements that expand judicial review of arbitration awards beyond the minimal review provided in the Federal Arbitration Act (“FAA”). This update summarizes...

Buying or selling a business can be an exhilarating, yet bewildering and all-consuming endeavor. You have spent countless hours building your business and now can consider this significant change. Yet, the demands of your business will continue throughout...

One of the most significant changes wrought by the American Jobs Creation Act (AJCA) is Section 409A and its impact on the taxation of deferred compensation. Section 409A broadly applies to all forms of deferred compensation, including equity-based compensation...

A lender perfects its security interest in U.S. government receivables by compliance with Article 9 of the Uniform Commercial Code (UCC). However, in order to ensure that it receives payments directly from the applicable governmental agency on such U.S....

In an asset securitization or structured finance transaction, the primary structural goal is to isolate the assets or collateral which will generate the cash flow to investors. Outside credit risks or exposure should be removed to the greatest extent possible....

The current press coverage of Sam Zell's proposal to acquire The Tribune Companies indicates that he plans to use a leveraged employee stock ownership plan ("ESOP") to do the deal. While we don't yet know the specific details of the proposal, the...

Nearly every day, newspaper headlines announce new asset write-downs, bankruptcy filings, and lawsuits relating to the subprime debt market. If more and more subprime loans go into default, these problems are likely to continue and may worsen. The press also...

For some participants in the debt and credit markets, insider trading risks seem like a problem for someone else. There is some statistical basis for that assumption; the law of insider trading has been developed largely through cases involving the equity...

A residential foreclosure crisis exists at an unprecedented level in many parts of the United States. Prompted by the enormous number of families losing their homes to foreclosure, several members of Congress have introduced legislation which would amend...

As the business world becomes more globally oriented, international law continues to be a growing practice area. Attorneys who represent businesses, governments, and nongovernmental organizations are increasingly called upon to advise clients on matters involving...

Securities law is a specialty area within corporate law that deals with stocks and other documents representing shares, or ownership, in a company. The term “securities” refers to stocks, bonds, notes, convertible securities, warrants, or any...

Real estate law, also referred to as real property law, involves rights to own, use, encumber, and transfer land and permanent additions (such as buildings) attached to the land. Due in part to the importance of real estate to our culture and economy, real...

Litigation refers to the resolution of disputes between parties through the judicial system. Litigation includes civil and criminal practice and procedure in federal and state courts. There are rules of civil and criminal procedure, rules of appellate civil...

Labor law relates to union activities dealing with unionized workplaces and employee representation, and employment law involves the rights of individual employees, as opposed to unions. Generally, labor & employment law attorneys are litigators who represent...

Patent Law   Patent law covers the legal conditions under which an invention may be patented. In the U.S., patent law requires that the invention be of patentable subject matter, and have utility, novelty, and non-obviousness. A patent examiner...

Environmental law encompasses the controls imposed to protect the natural and man-made environment as well as the health of living beings. Environmental law practice encompasses compliance counseling, transaction guidance and litigation involving those controls....

Corporate law is the law concerning the creation and regulation of corporations. This also includes management, corporate governance and ethics, change, and the growth and dissolution of business entities, whether they are corporations, partnerships, or limited...

Commercial law is a broad name for a practice area that encompasses many legal topics. A commercial law practitioner may become involved with banking law, bankruptcy law, and consumer credit law, among other areas.   The primary focus of this...

Bankruptcy law is the statutory procedure by which a person is relieved of some or most of his/her pre-bankruptcy debts. Bankruptcy is essentially a matter of federal law, governed by the United States Bankruptcy Code. Bankruptcy presents work for both debtors’...

Tax attorneys engage in tax planning, which is the structuring of business transactions and personal affairs (e.g., estate planning) so as to legally minimize federal, state and local taxes. In addition, tax attorneys represent taxpayers in disputes (like...

Small Law Perspective : Small law firms maintain a general practice and represent clients who are usually individuals or small businesses with regard to all types of legal matters.      Large Law Perspective :  Large...

Short on time and resources? Total Litigator provides one-click access to all of your litigation tools, including Courtlink®, File & Serve, CaseMap®, NoteMap®, TimeMap®, TexMap®, Concordance, and DepPrep®.   ...

The LexisNexis® Bookstore provides the most comprehensive collection of legal research products available on the web, with the full LexisNexis Publishing TM line of Matthew Bender®, Michie TM , and Shepard's ® products available to assist...

Early Case Assessment → → Draft, File & Serve → → Discovery → → Research → → Gather Intelligence → → Trial Preparation → → Alerts & Tracks

Interested in practicing as a litigator? The following are typical tasks performed by litigation attorneys:   Civil litigation involves the process of resolving civil disputes. It requires a knowledge of both applicable civil procedure and...

The LexisNexis® Bookstore provides the most comprehensive collection of legal research products available on the web, with the full LexisNexis Publishing TM line of Matthew Bender®, Michie TM , and Shepard's ® products available to assist...

Take your clients forward with the new Lexis® Transactional Advisor, combining due diligence tools, analysis and practice capabilities—all in one solution. At the Real Estate Practice Center, you can Track Emerging Issues...

Just starting out in the Real Estate field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Real Estate matters competently. Read on for a quick primer!   Condemnation/Eminent...

Drafting, reviewing, or negotiating documents/forms (e.g., purchase and sale agreement, commercial or residential lease). Representing a party in litigation (e.g., a landlord or tenant in an eviction action; a builder or homeowner in a construction...

Forms (unofficial) (e.g., lease; purchase and sale agreement; deed; CC&Rs; easement agreement). Forms (official) (e.g., IRS; HUD; forms issued by state agencies regulating real estate brokers/agents, subdivisions, condominiums, etc.; forms...

Just starting out in the Securities field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Securities matters competently. Read on for a quick primer!   Public Offering...

The LexisNexis® Bookstore provides the most comprehensive collection of legal research products available on the web, with the full LexisNexis Publishing TM line of Matthew Bender®, Michie TM , and Shepard's ® products available to assist...

The LexisNexis® Securities Practice Center is the latest in a line of targeted workflow solutions that integrate technology and content to serve the needs of attorneys. Get single-point access to all the relevant content and tools you need at each stage...

LexisNexis designed the Securities Practice Area Community to provide the litigator/transactional attorney with the latest securities-related news. It also highlights key securities offerings. For access, sign on to the LexisNexis® services,...

The LexisNexis® Bookstore provides the most comprehensive collection of legal research products available on the web, with the full LexisNexis Publishing TM line of Matthew Bender®, Michie TM , and Shepard's ® products available to assist...

The LexisNexis® Tax Practice Center is the latest in a line of targeted workflow solutions that integrate technology and content to serve the needs of attorneys. Through Transactional Advisor, this practice center serves the specific needs of tax attorneys....

Just starting out in the Tax Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Tax Law matters competently. Read on for a quick primer!   Actions on Decisions...

The LexisNexis Bookstore provides the most comprehensive collection of legal research products available on the web, with the full LexisNexis Publishing TM line of Matthew Bender®, Michie TM , and Shepard's ® products available to assist with...

Just starting out in the Mergers & Acquisitions field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Mergers & Acquisitions matters competently. Read on for a primer!

The LexisNexis® Bookstore provides the most comprehensive collection of legal research products available on the web, with the full LexisNexis Publishing TM line of Matthew Bender®, Michie TM , and Shepard's ® products available to assist...

Consumer bankruptcy filings are on the rise due to mounting consumer debts, medical debts, and sub-prime mortgage foreclosures. For example, filings increased 37.1% nationwide in June 2007, compared to June 2006. In particular, bankruptcy filings for those...

The economic slowdown that began early in 2007 will continue to increase companies’ bad debts and risks and was predicted to result in 30,000 business bankruptcy filings for 2007, a 51% increase over 2006. As a result, midsized and large law firms...

Take your clients forward with the new Lexis® Transactional Advisor, combining due diligence tools, analysis and practice capabilities—all in one solution. Track Emerging Issues – features new Emerging Issues Commentary...

Take your clients forward with the new Lexis® Transactional Advisor, combining due diligence tools, analysis and practice capabilities—all in one solution. At the Corporate, Business, and Compliance Center, you can: Track...

Over the years the misappropriation theory, emerged to address insider trading liability when an "outsider" to the company is buying or selling securities based on "insider" information he or she obtained due to a misuse of confidential...

Companies need to maintain access to quality foreign talent, comply with regulations and avoid the negative publicity that accompanies an undocumented worker problem. Immigration compliance is fraught with pitfalls, especially for a corporation with thousands...

Michael B. Gerrard and Arnold & Porter LLP have created a chart that displays all the climate change litigation that has been brought in the U.S. courts, plus some of the administrative cases. The chart is organized by type of case. It contains hot links...

Enjoy the LexisNexis complimentary one hour webcast by Steve Jones entitled “Assessing Climate Change: Evaluating Global Warming Impacts under NEPA and State Environmental Review Statutes.” Steve Jones, a partner with the Marten Law Group,...

Interested in practicing in the Environmental Law field? Here’s what you have to look forward to…   Types of Firms Practicing Environmental Law   Small Law Perspective : Environmental law is a secondary market...

Suppose a partner asks you to determine whether a client’s trademark is being misused online. Where do you begin? MarkMonitor® from LexisNexis™. MarkMonitor technology lets you uncover brand misuse on websites, links, message boards, and domain...

The next time a client asks you that question, you can answer “Yes!” with confidence. US Patents, EP and WO Patents, File Histories, LNPO Reports, Prior Art Searches, Trademark Registrations – whatever your need, REEDFAX® and LexisNexis...

Small Law Perspective: Sophi