Insights: 2023
2023 166 articles
- Export controls and trade compliance
- Classifying a product for export
- Expert witnesses: chosen early, or chosen badly
- Expert determination
- Expert admissibility standards
- Expedited and summary proceedings
- Offboarding a departing employee
- Exemptions from collection
- Asset protection and its limits
- Auditing exempt classifications
- Exempt or non-exempt: the classification that drives overtime
- Executory contracts in bankruptcy
- Excessive fines
- Exactions and impact fees
- Estoppel certificates
- Ownership transfer on death
- Establishment Clause questions for local government
- Employee stock ownership plans
- ESI protocols
- Public commitments and disclosure risk
- Making an indemnity claim
- Escrows and holdbacks
- Escrow and closing agents
- Dormant accounts and unclaimed property
- Employee benefit plan basics
- Equity compensation
- Equitable remedies in commercial disputes
- Equipment leasing and finance
- Equal protection review
- Allocating environmental liability in transactions
- Environmental due diligence and the innocent purchaser
- Keeping an entity in good standing
- Entire fairness
- Entire agreement clauses
- Fee arrangements in commercial matters
- Engagement letters: scope is the protection
- Enforcing a settlement
- Enforcing a judgment across borders
- Enforcing an arbitral award internationally
- Executive employment agreements
- Costs and fees in employment arbitration
- Monitoring employees lawfully
- Notice requirements for monitoring
- Hiring restrictions between businesses
- Disputes over employee-created intellectual property
- Employee inventions and assignment agreements
- Employee handbooks: the document that can create the obligation
- Assent to workplace policies
- Separate counsel for employees
- Auditing worker classification
- Eminent domain: the questions that are actually contested
- Local emergency powers
- Emergency and interim relief in arbitration
- Electronic signatures and records
- Ballot access and election administration
- Conduct standards for elected officials
- Elder financial exploitation
- Best efforts, reasonable efforts and commercially reasonable efforts
- The administrative charge process
- The economic loss doctrine
- Negotiating a development incentive
- Easements: created, used and lost
- Utility, pipeline and energy easements
- Easements: the categories that matter
- Changing an existing easement
- Landlocked parcels and access
- Earnouts: the clause that produces post-closing litigation
- Why earnouts end in litigation
- Early case assessment
- The duty to bargain in good faith
- An employee's duty of loyalty
- Procedural due process in public decisions
- Responding to a diligence request
- Writing a diligence report
- Drug testing and cannabis in the workplace
- Drug and alcohol policy
- Surface water and drainage disputes
- Drag-along provisions in practice
- Drag-along and tag-along rights
- Drafting a zoning ordinance amendment
- The dormant commerce clause
- Where a business must register
- Securities whistleblower awards
- Document retention policies
- Cross-border document collection
- Directors and officers insurance
- Lawful distributions
- Distribution and dealer agreements
- Judicial dissolution
- Leaving a partnership or LLC
- Disparate impact
- Planning discovery
- Chat, text and collaboration platforms
- Obtaining evidence in another country
- Disclosure schedules
- Disclosure controls and procedures
- Consistency in discipline
- Leave as a reasonable accommodation
- Directors' duties when a company is failing
- Resigning from a board
- Direct examination
- When a shareholder may sue directly
- Development agreements
- Architect and engineer liability
- Derivative or direct: whose claim is it?
- Procedure in a derivative action
- Depositions
- Preparing a witness for deposition
- Deposing an expert witness
- Garnishment of deposit accounts
- Control of deposit accounts as collateral
- Deposit account control agreements
- Responding to a departing employee who took information
- Writing an effective demand letter
- Demand and demand futility
- Deferred and non-prosecution agreements
- Deferred compensation timing rules
- Defending a restrictive covenant claim
- Default judgment and how it is undone
- Defamation
- Deed types and what each one promises
- Use restrictions imposed by a seller
- Declaratory judgment actions
- Litigating a deadlock
- Board governance in closely held and small organisations
- Deadlock: when a 50/50 company stops working
- Challenging an expert
- Personal data in discovery
- Responding to a data incident
- Damages models in commercial litigation
- Cyber insurance
- Customer information
- Customer due diligence and beneficial ownership
- Cross-examining a witness
- Employing people in another country
- Cross-appeals
- Public statements during an investigation
- Credit applications and sales terms
- Interim operating covenants
- How courts are organised
- Court-appointed experts
- Course of dealing, course of performance, trade usage
- Who pays for discovery
- The corporate opportunity doctrine
- Corporate formalities that actually matter
- Cooperation credit and the decision to self-report
- Copyright in a business context
- Cooperating with a government investigation
- Converting from one entity type to another
- Convertible notes and simple agreements for equity
- Conversion
- Conversion, down rounds and pay-to-play
- Managing contracts after signature
- When a contract is ambiguous
- Contempt
- State consumer protection statutes
- Debt collection compliance
- Constructive discharge
- Construction manager and owner representative liability
- Construction loan requirements
- Construction defect claims
- Commercial construction contracts
- Constitutional avoidance and narrow construction
- Consolidated appeals
- Consequential damages and why they are excluded
- Consent judgments
Other years
Written by the Esshaki Legal Media Team. Questions, corrections or inaccuracies: media@esshakilegal.com.