• The answer is a resounding 'Maybe!': An analysis of recent FCC Rulings on the issue of vicarious liability in debt collection

    The Telephone Consumer Protection Act (TCPA) provides for statutory damages of up to $1,500 per violation for "willful" behavior. Unlike other statutes aimed at similar conduct, such as the Fair Debt Collection Practices Act, there is no maximum amount of damages that can be imposed under TCPA. The Federal Communications...

  • Hot under the collar

    The long view of history will likely give more perspective on the myriad of factors that led to the 2008 financial crisis, but, whether the primary causes were systemic or not, the fact of the matter is, few individuals faced criminal prosecution for the roles they played in the meltdown.

  • Breaking the cycle of Hollywood exclusion

    With women making up roughly half of the workforce and the plethora of women directors graduating from the same programs as their male counterparts, the traditional explanation that women “lack the ambition or competence to direct the larger, commercial” films.

  • Lessons from 'Deflategate': Drafting the right arbitrator picks

    Brady’s arbitration before Goodell illustrates a common struggle that extends beyond the woes of fantasy leagues, and highlights a key dilemma in the arbitration process: What can litigants do when they get pulled into an arbitration where the arbitrator, or members of an arbitration panel, are biased? Crafting an...

  • 15 tips for making Halloween more fun and less scary (legally speaking)!

    Halloween is supposed to be a joyful time – a time for trick-or-treating, fairs, and costume parties. Unfortunately, it is also a time of increased accidents, injuries, and lawsuits. Below are some suggestions to help everyone enjoy a Halloween that is happy and – hopefully – litigation free. ...

  • The pitfalls of arbitrator qualification clauses

    Arbitration clauses are common in commercial agreements. One of the primary values of arbitration is the expertise and experience of arbitrators in resolving disputes in a particular industry. However, parties often underestimate the difficulties that arise in finding and agreeing upon an arbitrator who has the requisite qualifications.

  • Sanford’s Marcuse representing plaintiff in $40 million discrimination case

    Deborah Marcuse, managing partner of the New York office of Sanford Heisler Kimpel, is representing Maria Sicola in a $40 million employment discrimination lawsuit against Cushman & Wakefield in Supreme Court in New York County.

  • Baker & Botts: Efforts continue to define its scope

    In Baker & Botts LLP v. Asarco LLC, the Supreme Court held that (a) the American Rule applies to fee-defense fees in bankruptcy fee applications, and (b) Section 330(a)(1) of the Bankruptcy Code does not include a statutory exception to the American Rule, but rather only authorizes reasonable compensation for...

  • WilmerHale’s Levin helps return stolen violin

    In 1980, a centuries-old Stradivarius violin was stolen from violinist and teacher Roman Totenberg. When he passed away in 2012, the violin was still missing. But thanks in part to WilmerHale partner Sharon Cohen Levin, the instrument is now back with the family.

  • Technological change may be a predator for privilege claims in litigation

    The recent transformations in technology have troubled the corporations and in-house counsel as there has been a seismic change in the way people communicate across the globe. While technological change have always presented multitudinous challenges, corporations and in-house counsel are finding it increasingly difficult to defend and preserve privilege information....

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