Securities Law
FIRREA Claims Against Financial Institutions Revived
The Legal Intelligencer
Friday, May 24, 2013
During the past 18 months, while the U.S. Department of Justice commenced a number of high-profile cases against financial institutions under the long-forgotten Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), many commentators and legal experts opined that the DOJ's interpretation of the statute was misplaced and unlikely to survive legal scrutiny.
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Securities Law
Defaults in Franchise Relationship That Constitute Irreparable Harm
The Legal Intelligencer
Friday, May 24, 2013
Franchise fees are said to be the lifeblood of the franchise system. If the royalties are not paid, does it constitute a claim for money damages or does it create grounds for injunctive relief?
Securities Law
Detrimental Impact of Proposed Discovery Limits on Employees
The Legal Intelligencer
Friday, May 24, 2013
Fewer depositions, reduced number of interrogatories, less requests for admissions and a proportionality requirement in discovery. This could be the new face of discovery under proposed rule changes to the Federal Rules of Civil Procedure.
Securities Law
Does a Graduate Law Degree Increase a Lawyer's Value?
The Legal Intelligencer
Thursday, May 23, 2013
Today, LL.M. degrees, a.k.a. Masters of Law, or, for the fancy, the Latin name Legum Magister, are offered in a variety of legal specialties ranging from trial advocacy to intellectual property to international law to taxation.
Securities Law
Understanding Pa.'s Wage Payment and Collection Law
The Legal Intelligencer
Thursday, May 23, 2013
Recently, the U.S. District Court for the Eastern District of Pennsylvania in O'Donnell v. Passport Health Communications, 2013 U.S. Dist. LEXIS 51432 (E.D. Pa. Apr. 10, 2013), provided a not-so-gentle reminder to employers of the potential pitfalls of Pennsylvania's Wage Payment and Collection Law (WPCL).
Securities Law
Ways to Craft a Construction Contract to Protect Owner
The Legal Intelligencer
Wednesday, May 22, 2013
While there is no way to eliminate all of an owner's risks on a construction project, the most important, and often most overlooked, tool to minimize those risks is the construction contract.
Securities Law
Leave-of-Absence Issues Managers Need to Know
The Legal Intelligencer
Wednesday, May 22, 2013
In many organizations, the human resources function is handled by specialists who guide managers' decision-making to ensure consistency with myriad employment laws.
Securities Law
Third Circuit Scrutinizes Cy Pres Distributions
The Legal Intelligencer
Wednesday, May 22, 2013
A settlement is a settlement. The parties agree on its terms, terminate the litigation, and move on. Right? Not always. Class actions, for example, are different.
Securities Law
Regulating Political Intelligence Is Less Than Intelligent
The Legal Intelligencer
Tuesday, May 21, 2013
Last year, Congress passed an important law clarifying that members of Congress, their staff and all federal employees must abide by the same insider trading prohibitions as everyone else.
Securities Law
Regulating Fracking: Zoning and States' Interests
The Legal Intelligencer
Tuesday, May 21, 2013
In the August 28, 2012, column in this series, "Natural Gas and Zoning: The Commonwealth Court's Act 13 Decision," David G. Mandelbaum discussed Robinson Township v. Public Utilities Commission, holding Act 13's zoning pre-emption to be unconstitutional. He ended by posing the broader question of whether states or municipalities ought to regulate natural gas development.
