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Split and Shared Custody ArrangementsNew York Family Law MonthlyThe CSSA) as we know it and as codified in Domestic Relations Law § 240 and Family Court Act § 413, recently celebrated its 22nd birthday. While the language of the statute has been modified, amended and polished over the course of the past two decades, it has yet to address specifically circumstances involving split or shared custody.
Action over Google AdwordsInternet Law & StrategyGoogle has won another key victory in a lawsuit challenging its AdWords keyword advertising program. In early January, Judge Edward Davila of the Northern District of California declined to certify a purported class action, which alleges that the search engine engaged in deceptive and unfair advertising regarding Google AdWords.
e-Discovery Evolved: 2011 DIY Discovery TrendsThe Corporate CounselorBy now, most corporations and law firms understand the complexities and realities of eDiscovery. With more options than ever before, litigation support professionals, lawyers and IT staff are grappling with these questions: Can my organization better manage costs and increase control over discovery by bringing e-discovery tools in-house or in-firm?
Debtors May Benefit from § 363 Protections Post-ConfirmationThe Bankruptcy StrategistCapmark’s sale of its remaining Low-Income Housing Tax Credit Business is a recent example of the approval of a sale of assets under § 363 of the Bankruptcy Code following the confirmation of a debtor’s plan.
The Impact of Assured Guaranty on Claims Against SponsorsNew York Real Estate Law ReporterIn Assured Guaranty Ltd v. J.P. Morgan Investment Management Inc., a unanimous Court of Appeals held that the Martin Act, New York’s "blue sky" law, does not pre-empt common law claims for breach of fiduciary and gross negligence.
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Age Discrimination in EmploymentThe Corporate CounselorAge Discrimination is once again in the news after a recent ruling by the U.S. Supreme Court on an Age Discrimination Employment Act (ADEA) claim. And why not? In the last ten years, age discrimination claims have risen 61% to over 24,000 claims in 2008, according to Equal Employment Opportunity Commission.
Performing a Litigation Audit on Your Lease AgreementsLJN's Equipment Leasing NewsletterThis article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions: choice-of-law, forum selection, venue, jury trial waiver and attorney’s fees.
Personal Jurisdiction Caught in a WebInternet Law & StrategyEvery day, courts must address questions that from a technical perspective simply make no sense. One of the most basic is: "Where is the Internet?" From its earliest origins, the Internet was designed with a distributed structure; it was designed to make certain the answer to that question would be: "Who cares?" Unfortunately, as is so often the case, the law lacks that kind of flexibility. It requires an answer.
Plug Pulled on Live Video TestimonyLJN's Product Liability Law & StrategySome important factors seem to be impeding a rush toward televised trials. A split decision by a New York appellate court, in the criminal case of People v. Wrotten, amply reflects some of the tensions. While Wrotten is a criminal case, the ramifications of the decision extend to civil litigation and potentially product liability cases. This two-part article will examine those ramifications.
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Geotracking and e-DiscoveryThis article explores the ways in which geotracking data can be created, potential issues associated with this information, and how it might all relate to e-discovery, including how long the information is stored, whether it is discoverable and how or whether it can be used in a case.
Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People SongsTo complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions — and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.
Limiting Windfall DamagesHowell was one of 2011’s most important damages cases. It will have a significant impact on personal injury damages in California and may offer a model for challenging windfall damages in other states.
The ‘New’ Willful Blindness Doctrine After Global-TechIn Global-Tech Appliances, Inc. v. SEB S.A., the Supreme Court expressly approved of the "willful blindness" tool for the first time. But in doing so, it framed the doctrine in a way that provided some much-needed limitations.
Practice Tip: Product Liability LitigationAlthough recent statistics are difficult to obtain, it is clear that the amount of product liability litigation filed in the United States is unparalleled around the world. hy is there such a difference as compared with Canada and the UK?
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