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New York Law Journal

Implied Partnerships and the Importance of Shared Losses

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.
8 minute read

The Legal Intelligencer

Strategic Considerations for Litigation Hold Letters in a Commercial Dispute

Litigation hold letters have become commonplace in commercial litigation since the string of 'Zubulake' decisions in 2003.
8 minute read

Daily Business Review

Technique to Maximize Pass-Through Income Tax Break Won't Work for Florida

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.
4 minute read

Daily Report Online

The Potential Death of the Georgia Arbitration Act

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.
6 minute read

Daily Business Review

Attorney Fee Debate Heats Up as Florida Supreme Court Accepts Case

“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."
4 minute read

The Recorder

Becton Dickinson Sues Rival, Former Employees Over Testing Device Trade Secrets

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.
3 minute read

Daily Report Online

Alston Ex-Partner Is Grilled on Stand in Legal Malpractice Trial

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.
7 minute read

The Legal Intelligencer

The EB-5 Visa—Understanding the Foreign Currency Control Challenges

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.
6 minute read

Daily Business Review

In Fight for Attorney Fees, Broward Attorney Blasts Court

"If courts think they're going to suck the oxygen out of the room, they're wrong," foreclosure defense attorney Roy Oppenheim said.
5 minute read

The Legal Intelligencer

Developments in Qui Tam Litigation: Relators Face More Obstacles

Many thought that the 2009 and 2010 amendments to the False Claims Act would result in greater recoveries by qui tam relators and the U.S. government.
8 minute read

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