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The 'Hot News' Doctrine in the Digital Age
ALM Staff
&
Law Journal Newsletters
Last year, the Southern District of New York reignited the 90-year-old hot news doctrine and applied it in the Internet context. Since that decision, a number of entities have attempted to use the hot news doctrine to prevent the unauthorized use of time-sensitive content, including most recently, financial firms and media outlets attempting to prevent news-oriented Web sites from publishing their well-researched content.
Features
Government Overpayment
John N. Joseph
&
Matthew T. Newcomer
It is not fraud when the government mistakenly overpays businesses who participate in government programs or otherwise receive federal funds. But a false statement made to retain an overpayment is a "reverse false claim" in violation of the False Claims Act (FCA).
Features
The Computer Fraud and Abuse Act
Stanley S. Arkin, Sean R. O'Brien
&
David M. Pohl
Aggressive federal prosecutors may have a new weapon in their arsenals to prosecute even low-level employee thefts of confidential employer information.
Features
<b><i>BREAKING NEWS:</i></b> High Court Sides With Ex-Enron CEO Skilling
ALM Staff
&
Law Journal Newsletters
The Supreme Court has sided with former Enron CEO Jeffrey Skilling in limiting the use of a federal fraud law that has been a favorite of white-collar crime prosecutors.
Features
Bad Law on Double Dipping
Lee Rosenberg
In last month's newsletter, we looked at the case of <i>Rodriguez v. Rodriguez</i>, in which the Appellate Division, Second Department, correctly found Supreme Court had erred by distributing the value of a service business and awarding spousal support from the income stream from that business, amounting to impermissible "double dipping." A month later, a different panel of the Second Department came to the opposite conclusion, throwing the issue into confusion.
Features
Closely Held Corporate Shares Require a Discount
Douglas A. Cooper
&
Matthew F. Didora
In divorce, it is sometimes necessary to value shares of a closely held corporation. But there are stocks in privately held companies throughout New York whose shares are not traded on the NYSE or NASDAQ. These companies often have only a handful of shareholders, many of whom are family members or close friends.
Features
Automatic Restraining Orders in Domestic Relations Cases
Paul L. Feinstein
A recent new statute in New York provided for automatic temporary restraining orders against assets commencing with the filing and service of divorce papers. A number of other states have enacted, or tried to enact, such legislative provisions. However, there are serious constitutional issues that should be addressed.
Features
NJ Supreme Court Extends Long-Arm Jurisdiction to Foreign Manufacturers
James J. ('J.') Ferrelli
&
Paul M. da Costa
On Feb. 2 of this year, the Supreme Court of New Jersey held that a foreign manufacturer of an industrial recycling machine is subject to New Jersey's long-arm jurisdiction under the stream-of-commerce theory. This has broad implications.
Features
Third Circuit Rejects Defective Sperm As Basis for Product Liability Suit
Shannon P. Duffy
On April 1, the Third Circuit upheld a June 2009 decision by U.S. District Judge Thomas N. O'Neill Jr. that rejected claims by a mother and her daughter who suffers from Fragile X syndrome, a mutation known to cause a group of serious maladies.
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