By Katheryn Tucker | February 15, 2018
“Arbitration, after all, 'is simply a matter of contract' such that parties cannot be required to arbitrate a matter unless they have agreed to arbitration,” said Judge Michael Melloy of the Eighth Circuit.
New York Law Journal | Analysis
By Thomas J. Hall | February 15, 2018
In his Commercial Division Update, Thomas J. Hall writes: When there is no enforceable partnership agreement, the party seeking to establish an implied partnership must show that a partnership nevertheless exists based on the conduct, intention and relationship between the parties. Although no one factor is determinative, recent Commercial Division decisions have placed a heightened emphasis on the factor of shared losses.
The Legal Intelligencer | Commentary
By Christopher E. Ezold | February 15, 2018
Litigation hold letters have become commonplace in commercial litigation since the string of 'Zubulake' decisions in 2003.
Daily Business Review | Commentary
By Marvin A. Kirsner | February 15, 2018
The Tax Cuts and Jobs Act provides a tax break for businesses conducted by pass-through entities (partnerships, LLC's and subchapter S corporations) which will allow a deduction of 20 percent of the business income, so that the owners will pay tax on only 80 percent of the business income.
Daily Report Online | Commentary
By John C. Amabile | February 15, 2018
The U.S. Supreme Court has tilted the playing field so that any state law found to be contrary to the Federal Arbitration Act is subject to complete pre-emption.
By Samantha Joseph | February 14, 2018
“Whenever you're dealing with attorney fees, it's a very sensitive issue," attorney Roy Oppenheim said. "The court should have known that they were going to create a ruckus and a firestorm."
By Ross Todd | February 14, 2018
According to the complaint, the former BD employees had access to "technical specifications, source code, and designs," and then downloaded thousands of confidential files prior to leaving the company.
By Greg Land | February 14, 2018
The plaintiffs, a family-owned company, say Alston & Bird and former partner Jack Sawyer breached their legal and fiduciary duties by helping an older sibling allegedly steal nearly $1.5 million.
The Legal Intelligencer | Commentary
By Karuna Chandani Simbeck | February 13, 2018
The EB-5 program was implemented in 1990 as a program to provide legal permanent residence status to investors who invest $500,000 or $1 million (depending on the geographical area) in a business that creates employment for 10 full-time U.S. citizen or permanent resident employees.
By Samantha Joseph | February 13, 2018
"If courts think they're going to suck the oxygen out of the room, they're wrong," foreclosure defense attorney Roy Oppenheim said.
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