Legal Articles

E-Verify Rule for Federal Contractors Will Take Effect September 8, 2009

September 21, 2009

On August 27, 2009, Judge Alexander Williams, Jr., of the U.S. District Court for the District of Maryland upheld the legality of a federal regulation that will require many federal government contractors to use the E-Verify system to verify the employment eligibility of new hires as well as certain existing employees. The ruling in Chamber of Commerce of the United States of America v. Janet Napolitano, Civil Action No. AW-08-3444 (D. Md.), allows the regulation, published at 73 Fed. Reg. 67,651 (November 14, 2008), to take effect on September 8, 2009. Full Story 

Catching the Wave: How Advances in Computer Technology are Impacting Business Disputes

September 8, 2009

Computer technology has revolutionized the way businesses operate in today’s market. Companies that rely upon computer technology advances to support their business are often unaware of the impacts that technology can have on business disputes and the extent to which computer advances have altered the legal landscape. By better understanding the changing landscape, businesses can more effectively prepare to confront litigation, protect business interests, and minimize the effect of legal disputes on daily operations. Full Story 

The First Six Months of President Obama's Antitrust Stimulus Package

August 31, 2009

During the presidential campaign, candidate Obama promised more vigorous enforcement of the antitrust laws.  President Obama and his new administration have fulfilled that pledge.  While some are questioning the effectiveness of the financial stimulus packages, the “antitrust stimulus” is clearly being felt, with new pro-enforcement leadership at the Department of Justice Antitrust Division and the Federal Trade Commission.  Even Congress is joining in by introducing bills to overturn recent Supreme Court antitrust decisions favorable to defendants and by urging more aggressive enforcement of the antitrust laws. Full Story 

U.S. Supreme Court Passes Up Opportunity to Settle Split of Authority on Assignability of IP Licenses in Bankruptcy: How Best to Deal with the Ongoing Uncertainty

August 31, 2009

The U.S. Supreme Court recently declined an opportunity to address a long-standing split of authority among the circuit courts as to which test should be applied by bankruptcy courts when asked to determine whether an intellectual property license can be assumed by a debtor in possession under Section 365(c)(1) of the Bankruptcy Code. Full Story 

Winning Isn't Enough: Collecting a Judgment

August 20, 2009

Winning a lawsuit is one thing; collecting on a judgment is another--and it's not as easy as you think.A legal judgment, by itself, does not guarantee that a creditor can collect the amounts awarded to him. It merely gives a creditor the right to take the necessary steps to make a collection. Many creditors who obtained a favorable judgment are able to collect less than the amount due them or sometimes nothing at all. To `win' the collecting battle, a creditor needs to use creative strategies to speed up the process and collect what he is owed. Full Story 

Real Estate Lawyers Stay Busy in Uncertain Economy

August 20, 2009

In today's economy, with financial meltdown news dominating the headlines, one may wonder: Is there any money available to complete a deal?  Of course there is.  After all, institutions that are in the business of providing loans still needed to move money.  That's their business. There's not a hotter real estate issue today than the funding and collateralization of loans.  Before we analyze from a legal perspective, we need to talk briefly about the business environment.  After all, law is driven by business.  Business doesn't drive law. Full Story 

"Live-in-Lover" Laws: Beware Your Alimony Payments!

July 29, 2009

As most people are aware, periodic alimony payments generally continue until the death or remarriage of a former spouse. For this reason alone, countless ex-spouses delay marrying new lovers. But what if your ex is having a relationship with a new person, but has not yet tied the wedding knot? Are you still responsible for making your monthly alimony payments? Full Story 

Premises Liability: Who is to Blame?

July 15, 2009

Premises liability is a complicated issue and covers a wide range of accidents that personal injury attorneys often categorize as the sticky wickets of law. Why? Because at its core, premises liability is all about figuring out who is to blame for an accident. By definition, the term premises liability is the body of law that fixes responsibility for injuries suffered by a third party on the person who is in possession of a premises or piece of land. In other words, the person who occupies the land and has intent to control it has the responsibility to make sure it is safe and free of obvious hazards. Full Story