Some states have legalized same-sex marriage while others recognize or grant certain rights to same-sex couples. The issue is critical and hotly debated because marriage confers certain benefits under state and federal law that are generally denied to same-sex couples. Many of these protections and benefits pertain to estate planning.
California's premarital agreements are significantly different from foreign marital contracts, which allow a couple to elect a regime of marriage ' for example, joint or community property regimes, a separate property regime, or a variation thereof ' depending on the country. Whether a California court will enforce a foreign marital contract may depend on whether the court applies California law or foreign law.
REMS, or Risk Evaluation and Mitigation Strategy, is a new tool that Congress provided the FDA to ensure the safe use of certain types of prescription drug products. The FDA may require a drug manufacturer to include a REMS in its new drug application when the agency concludes this is necessary to ensure that the benefits of the drug outweigh its risks.
In November 2008, as part of its ongoing study of the impact of the Class Action Fairness Act of 2005 ("CAFA") upon federal courts, the Federal Judicial Center ("FJC") published Preliminary Findings from Phase Two's Pre-CAFA Sample of Diversity Class Actions. That report studied 231 diversity jurisdiction class actions filed in or removed to federal court in the two years prior to Feb. 18, 2005, CAFA's effective date.
The dilemma confronted by corporate counsel involved in foreign litigation is whether to disclose personal information located in foreign countries with laws that severely restrict the processing and transfer of personal data and risk being punished there with civil and/or criminal penalties; or to filter out the personal data and risk being sanctioned in the U.S. for incomplete responses to e-discovery requests.
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect from Aug. 1 through Oct. 1, including amendments to Delaware's corporation and LLC laws. It also looks at two recent decisions of interest from the Delaware Chancery Court.
This article examines the little-known and infrequently granted remedy of expungement in federal courts.
If you have been thinking about entering the China market to diversify your revenue stream, here are some legal issues to consider.
Many auto dealer contracts prohibit "dualing," that is, operating competing linemakes out of the same facility. Under new legislation passed in some states, automobile manufacturers could be forced to allow dualing, notwithstanding any terms to the contrary in written agreements and trademark laws.
Highlights of the latest franchising news from around the country.
