Insights: 2024
2024 184 articles
- Mitigation in employment claims
- What the company's records should contain
- What a minority owner should negotiate at the outset
- The remedies a court can order in an oppression case
- Minority investments in private companies
- Severed mineral rights
- Responding to a public records request
- Mezzanine debt in real estate
- Merger notification and clearance
- Merchant cash advances and small business finance
- Meet and confer
- Choosing a mediator
- Confidentiality in mediation
- Getting value out of mediation
- Escalation and step clauses
- Mechanic's liens: short deadlines, serious consequences
- Perfecting a construction lien
- Meal periods, rest breaks and unpaid time
- Proving discrimination without a smoking gun
- Material weaknesses in internal control
- Material breach and the right to stop performing
- Defining material adverse effect
- Mandamus in appellate practice
- Related cases in different courts
- Managing outside counsel
- Management incentive plans after a buyout
- Excessive compensation as a form of oppression
- Mail and wire fraud
- Material adverse change clauses
- Invoking a material adverse change clause
- Loan workouts: forbearance without giving away the file
- Loan participations and syndications
- Financial and negative covenants
- Assuming a commercial mortgage
- LLC or corporation: the choice and what it decides
- Breaking deadlock before it happens
- Waiving fiduciary duties in an LLC
- Charging orders against LLC interests
- Running a litigation hold that survives scrutiny
- Preserving evidence in a small business
- Third-party litigation funding
- Notice of pendency
- Liquor licensing
- Liquidated damages
- Liquidated damages or unenforceable penalty
- Limitation of liability clauses
- Lien waivers and payment documentation
- Professional licensing proceedings
- Letters of intent in leasing
- Which parts of a letter of intent bind
- Letters of credit
- Standby letters of credit
- Letters of intent: which parts bind you
- Lender liability
- Statutory interpretation
- Researching a legal question
- Legal opinions in transactions
- Contract playbooks
- Conflicts of interest in legal representation
- When leave laws overlap
- Commercial leases in bankruptcy
- Environmental provisions in leases
- Designing a severance programme
- Law of the case and the mandate rule
- Residential tenancy basics for owners
- Land contracts and installment sales
- Insurance in ownership planning
- The right to a jury in a civil case
- Jury instructions
- Jury innovations
- Judgment liens
- Joint ventures
- Representing more than one client in a matter
- Forms of co-ownership
- Joint employment
- Joint defence and common interest agreements
- Authorities and special districts
- Joint and several liability and comparative fault
- Adding parties
- Custodial liability
- Involuntary bankruptcy petitions
- Investment treaty protection
- Investment adviser regulation
- Scoping an internal investigation
- Interviewing the respondent
- Interviewing a complainant
- Interrogatories
- Cross-border sales of goods
- Multi-jurisdictional investigations
- Drafting an international arbitration clause
- Encouraging internal reporting first
- Fraud prevention in a small business
- How quickly to investigate a complaint
- Certified interlocutory appeals
- Interlocutory appeals
- Intergovernmental agreements
- Interference with prospective business relations
- Subordination and intercreditor agreements
- Intellectual property provisions in commercial contracts
- Insurance diligence in a transaction
- Insuring litigation outcomes
- Insurance coverage disputes
- Crime and fidelity insurance claims
- Finding old insurance policies
- Insider trading: the two theories
- Insider trading policies and windows
- Injunctions in employment disputes
- Enforcing a restrictive covenant
- Drafting an injunction
- Injunction bonds and wrongful injunction damages
- Information security obligations for financial institutions
- Investor reporting packages
- The tests for independent contractor status
- Drafting a contractor agreement that survives scrutiny
- Drafting a contractor agreement
- Indemnity clauses and how they differ from a damages claim
- Indemnity in construction contracts
- Advancement disputes
- Indemnification clauses
- Building an in-house legal function
- Impossibility, impracticability and frustration of purpose
- Impeaching a witness
- Impact fee methodology
- Hostile work environment claims
- Precedent within a court
- Association governance disputes
- Holdover tenancies
- Historic districts and preservation review
- The hearsay exceptions that matter commercially
- Billing compliance for regulated payors
- Harmless error
- Handbook disclaimers and contract risk
- Guaranty defences and waivers
- Ground leases
- Grievance and arbitration under a labour agreement
- How a grand jury works
- Governmental immunity and its exceptions
- Individual immunity for public employees
- Selling to government
- The implied covenant of good faith and fair dealing
- International data protection compliance
- Moving employees across borders
- Gifts, hospitality and entertainment policies
- Sexual orientation and gender identity at work
- Garnishment
- Garden leave and notice provisions
- Alternatives to a non-compete
- Tax structuring for funds and investors
- Reinstatement, front pay and back pay
- Freeze-outs and squeeze-outs
- Free exercise of religion
- Fraudulent transfers
- Defending a fraudulent transfer claim
- Fraudulent transfer analysis
- Fraud and misrepresentation in business deals
- Administrative and regulatory searches
- Founder arrangements
- Forum non conveniens
- Forensic collection and preservation
- Jurisdictional reach of anti-corruption law
- Foreclosure: judicial and non-judicial, and why it matters
- Alternatives to foreclosure
- Force majeure: what it excuses and what it does not
- Force majeure in leases and construction
- Drafting a force majeure clause that works
- Forbearance agreements
- Family and medical leave: the framework
- Calculating overtime correctly
- Flood insurance requirements in lending
- First Amendment retaliation claims
- Public forums and speech on government property
- Licensing for non-bank financial businesses
- Debt commitment letters
- The final judgment rule
- Fiduciary duties among owners
- Federal preemption
- Choosing between federal and state court
- Succession in a family business
- False claims and qui tam actions
- Fair lending: disparate treatment and disparate impact
- Fair housing constraints on land use
- Factoring and receivables finance
- Facilitation payments
- Facial and as-applied challenges
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Written by the Esshaki Legal Media Team. Questions, corrections or inaccuracies: media@esshakilegal.com.