• 07.13.15

    Parallel Proceedings in Southern District: Are They 'Related'?

    More and more, defendants find themselves in two-front, or multi-front, fights: Federal prosecutors bring criminal charges, while another agency, or a civil component of the Department of Justice, brings a related civil proceeding. Private parties may bring parallel cases, whether shareholder suits ...

  • 07.06.15

    The Importance of Earnest Investigation of Industrial Properties

    The acquisition of real property for industrial development shares many of the same environmental risks and considerations as other types of development. However, industrial development also presents unique concerns that should be taken into account early in the acquisition process so that the ...

  • 06.28.15

    So You Want Music in Your Video: 5 Things So You Don't Get Sued

    Last month we received a call from a woman who made an unassuming video of her daughter's wedding and added her favorite song. She was frightened, a little angry and perplexed by the copyright infringement letter she received from a major music publisher."All I did was make a video for ...

  • 06.22.15

    How Fintech Is Changing Community and Regional Banks

    Market share for community and regional banks is slowly being taken away by "nontraditional" providers of financial services, whether they be peer-to-peer lending platforms or other distributors of consumer financial services through the Internet. In addition, global technology leaders are ...

  • 06.19.15

    Still Your Father's Oldsmobile? Stale Bank Holding Company 10-K Sup & Reg Section

    It has been apparent for years that the common boilerplate Supervision and Regulation discussion in most bank holding company Form 10-K Annual Reports could be trimmed down and updated. Instead of rehashing longstanding banking laws and regulations, financial institutions should shed unnecessary ...

  • 06.17.15

    As-Is Deals May Not Be So As-Is

    Owners of real property rely on "as-is" and "independent investigation" clauses in their real estate contracts and leases to shield them from litigation over mistaken or misinterpreted statements made in the course of negotiations. However, recent court decisions have called ...

  • 06.05.15

    An Examination of Fee-Splitting Statutes in the Context of Value-Based Health-Care

    One of the goals of the Affordable Care Act is to align incentives among provider communities and their patients and partners. This effort to create communities of common interest with mutually beneficial incentives is now a key driver of many innovations in the health-care business environment.

  • 06.04.15

    FTC Signals Interest in Endorsements With Guidance Update

    Back in October 2009, the Federal Trade Commission introduced a revised version of its "Guides Concerning the Use of Endorsements and Testimonials in Advertising." The key principle underlying the guides is that if a material connection exists between an endorser and a marketer that a consumer ...

  • 06.02.15

    Update on Regulation of Homeopathic Products: It's the FTC's Turn

    On April 3, I reported in the IdeaXchange that the FDA was re-evaluating the way it regulates homeopathic drug products. Now, it is the Federal Trade Commission's turn.The FTC announced that on September 21 it will host a public workshop in Washington D.C. to examine advertising for ...

  • 05.31.15

    Protect the Vital Center

    Last week brought a report from Fred Dicker in the New York Post that the well-funded anti-abortion Chiaroscuro Foundation was contemplating fomenting primaries against incumbent Republican state Senators on Long Island. This mirrored earlier rumors of Tea Party primaries next year against ...



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