Features
Existing Internet Laws Reduce Constitutional Protections
Internet communication necessitates sharing content and data with third parties. The voluntary transfer of such content and related data to third-party Internet communication facilitators reduces or eliminates First, Third, Fourth, Fifth and Fourteenth Amendment rights of Internet users. The technology and protocols used to enable Internet communication, as interpreted by existing privacy statutes and case law, further compromises Internet users' privacy and publicity rights. Both legal notices and technological techniques may be used to ameliorate this outcome.
Features
Does Joinder of a Forum Defendant Always Prevent Removal?
A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the "forum defendant rule." The rule reflects the assumption that "[federal] diversity jurisdiction is unnecessary because there is less reason to fear state court prejudice against the defendants if one or more of them is from the forum state." Spencer v.…
Features
Coverage for Environmental Compliance Costs
With the financial crisis occupying the Obama administration, the anticipated barrage of new environmental laws, policies, and regulations has yet to materialize. When the switch is turned on, however, the costs to policyholders are likely to be substantial, and just as likely, policyholders will test whether some of those costs can be passed on to their carriers.
Features
Is an Insurer Obligated to Defend the Prosecution of Affirmative Claims on Behalf of Its Insured?
Insurers are not required to "defend" affirmative claims. But "defense" of affirmative claims may be covered if factually related to and necessary to defense. A look at recent case law.
Features
Interlocutory Injunctions in the Franchise Context
When pending a trial wherein a franchisor seeks to enjoin a franchisee from breaching a restrictive covenant or a franchisee seeks to enjoin a franchisor from terminating their relationship, Canadian courts have generally applied the following three-part test. This article explains.
Features
Strategies for Responding to the Financially Distressed Auto Dealership
Because the financial distress is network-wide, how manufacturers respond to the financially distressed dealership is more important than ever. For some dealerships, the appropriate strategy may be creative cooperation forbearance agreements, operating stipulations, and workouts ' not adversarial enforcement.
Features
Inventory Management
Clients withholding payments directly impacts partners' bottom lines. As such, law firms are always focused on billing and collecting as much as they can in the last quarter of the year. The current crisis has trumped even the most diligent efforts of law firms to bring in cash, and it illustrates the importance of having sound inventory management practices that are followed throughout the year.
Features
CPLR ' 6501 in Mortgage Foreclosure Actions and RPL ' 290 Short-term Leases
This author previously suggested consideration of amending CPLR ' 6501. The article herein addresses an additional reason for amending CPLR ' 6501, to wit: whether a properly filed N/P in a mortgage foreclosure plenary action binds to its results a later created interest in the subject realty evidenced by any type of lease or other possessory interest agreement for a term of less than three (3) years.
Features
Determining the Proper Amount of Spousal Maintenance
In last month's newsletter, we discussed Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute containing the factors courts use to determine spousal maintenance awards in New York, along with the recently proposed legislation (See New York State Assembly Bill A10446) that would replace the statute with a formula to calculate both the amount and duration of maintenance. The discussion concludes here.
Features
Family Practice in the Current Economy
Matrimonial lawyers in New York say there is no shortage of legal work in this tough economic climate, as clients with strained finances seek support modifications, settlements and, for some, divorce. The problem, they say, is getting paid.
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