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Commercial Law

  • Matrimonial practitioners need to have some understanding of common long-standing trust techniques and some of the new ones in order to advise clients through a divorce involving such trusts.

    January 27, 2010ALM Staff | Law Journal Newsletters |
  • Despite repeated stakes through the heart of hedonic damages testimony ' studies showing that the theory is unreliable, new evidence showing that the basis for such testimony in injury cases is nonexistent, and numerous successful motions-in-limine barring such testimony ' the economic hedonists are still with us.

    January 27, 2010Chad L. Staller
  • Courts of appeal historically affirm more than 85% of all trial court Daubert decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.

    January 27, 2010John D. Sear
  • Employers now must balance the duty to maintain a safe workplace with employees' right to bear arms under the Second Amendment of the Constitution of the United States, their rights under state constitutions, and laws allowing guns at work ' which is a new and growing trend in employment legislation.

    January 26, 2010Rosanna Sattler and Nancy J. Puleo
  • As the economy contracts and many companies are facing bankruptcy, a key question concerns the status of the IP that may have been assigned, transferred, sold or licensed if one of the parties to the transaction declares bankruptcy. This article discusses the issue.

    January 26, 2010Peter J. Toren
  • In all too many cases, once reliable tenants are leaving landlords with only a security deposit to fall back on. In addition, if the security deposit is in the form of a letter of credit (LOC), now more than ever the landlords must also keep one eye on the financial stability of the LOC issuer.

    January 26, 2010Adam Walsh and Eric Greenberg
  • It is extremely constructive to review some of the big mistakes that can be avoided by proper planning and guidance. This two-part article will provide a list that is by no means exhaustive, but an awareness of these problems, will help start the search on the right track.

    January 26, 2010Douglas E. Simon and Richard A. Bendit
  • Although harnessing the sun's energy through photovoltaic solar panels is not a new idea, due to recent advancements in technology and tax incentives (including the 30% tax credit contained in last year's stimulus plan), the cost-efficiency of these systems has improved significantly.

    January 26, 2010Preston Brooks and Andrew Kim
  • Over the past several months there has been a slew of public pronouncements that should put financial institutions on edge. Enhanced enforcement of the Foreign Corrupt Practices Act (FCPA) is now migrating into the financial sector and linking up with anti-money laundering (AML) and Office of Foreign Assets Control (OFAC) compliance requirements.

    January 26, 2010Michael Zeldin and Miriam Ratkovicova
  • A pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause, Crawford v. Washington and Melendez-Diaz v. Massachusetts, have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government

    January 26, 2010Marjorie J. Peerce and Elizabeth S. Weinstein