Thought Leadership

Charles Schwab Sues Libor-Rate Setting Banks

Rebuffed in the Southern District of New York, Schwab has sued a slew of banks in California state court, alleging that the banks’ manipulation…

Austerity Theory Takes a Hit

A spreadsheet mistake in widely referenced 2010 academic paper may have rendered many European policy makers farblondget, for want of […]

REITs Alleged as Major Corporate Tax Dodge

Some major operating companies have converted to a REIT, but with all the attention on deficits, taxes and tax fairness, Congress could take another look …

Caution Required when Using Managerial Accounting Data in Court

Managerial accounting data can be used in expert analyses conducted in at least two types of antitrust litigation: predatory pricing […]

Litigation Risk for Website and Mobile Apps Marketing

As the year 2013 began, more than 180 consumer class actions regarding the relatively common practice of companies tracking user […]

Technology Can Improve Law Department Performance

A survey conducted by the author’s firm examined the current workflow environment in legal departments and identified three key challenges: […]

Government Knowledge Defense Against Whistleblowers

The False Claims Act allows private persons, known as “relators” or whistleblowers, to bring suit on behalf of the government […]

Has the Supreme Court Cleared the Tracks for Mandatory Arbitration in Consumer Contracts?

Bilateral arbitration clauses (clauses that require arbitration and waive class proceedings), which have become common in standard consumer and employment […]

Franchisors Wince as Some Courts Re-Label Franchisees as Employees

The franchise community was shaken following a series of court decisions that relabeled franchisees as employees of the franchisor. Jani-King […]

Five Litigation Trends that can Keep Executives Awake at Night

The author identifies several trends in litigation that should be of concern to executives. First on his list is false […]

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