Account

Sign in to access your account and subscription

Register

Commercial Law

  • A discussion of the aftermath of the recent decision, In re Northwest Airlines Corp., 483 F.3d 160 (2d Cir. 2007), in which the United States Court of Appeals for the Second Circuit held that a federal court may enjoin a strike by employees covered under the Railway Labor Act (the 'RLA') following rejection of their collective bargaining agreement.

    February 26, 2008Catherine Steege and David H. Hixson
  • A recent decision from an appellate court in California offers footing for plaintiff attorneys to argue for an expanded definition of 'merchantability.' Such a development, which the Uniform Commercial Code neither compels nor suggests, marks a departure from settled law and presents a significant risk of higher warranty costs for manufacturers and higher prices for consumers.

    February 01, 2008Nathan Marcusen
  • In the first article in this series, we established that the Japanese government has taken a keen interest in rebuilding its regulatory foundation to help strengthen the country's intellectual property rights ('IPR'). The second installment explored the evolving strategies Japanese corporations have and are beginning to employ to leverage their intellectual capital. This final installment focuses on Japan's leading role in developing and enforcing international IPR, specifically within Asia.

    January 31, 2008Andrew W. Carter, Suzue Fujimori and Mark S. Rollins
  • Directors and officers are developing strategies to address the business impact of climate change and the potential financial impact of current and future greenhouse gas regulation. Among the challenges they face are how to address disclosure obligations related to these financial risks and how to maximize potential insurance coverage under directors' and officers' liability insurance policies should climate-related claims be asserted.

    January 30, 2008Marialuisa S. Gallozzi and Maureen Mahon
  • Matrimonial attorneys are all familiar with the concept of minority interests in closely held businesses, but there is not that much litigation in divorce cases concerning real estate, in which a litigating party owns less than a 50% share. Often, the same valuation theories that apply to corporations apply to real estate interests. Moreover, a creative use of those theories can help your client greatly.

    January 30, 2008Paul L. Feinstein
  • In this article on peer review, the authors hope to create for the reader a healthy skepticism about the process, and shed light on assumptions that they believe are often made by colleagues, attorneys and judges about the academic rigor and scientific integrity of the endeavor.

    January 30, 2008David A. Martindale and Jonathan Gould
  • The latest happenings you need to know.

    January 29, 2008ALM Staff | Law Journal Newsletters |