Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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<b><i>Online Extra</b></i> Home Depot Settlement With MasterCard Riles Lawyers For Data Breach Plaintiffs
R. Robin McDonald
An apparent settlement between Home Depot and MasterCard International Inc. over a massive customer data breach last year has prompted lawyers for financial institutions that are suing the Atlanta-based home improvement chain for damages caused by hackers to cry foul.
Features
Update on NY AG's Suits Against Daily Fantasy Sports Cos.
Andrew Denney
In mid-December, Manhattan Supreme Court Justice Manuel Mendez granted N.Y. Attorney General Eric Schneiderman's motion to halt daily fantasy sports (DFS) sites DraftKings and FanDuel from doing business in the state.
Features
No Sliding Scale Test for Access To Copyright
Stan Soocher
The U.S. Court of Appeals for the Fifth Circuit declined to adopt a 'sliding scale' test for determining whether one song was strikingly similar to the other in a copyright infringement suit.
Features
<b><i>Online Extra:</b></i> Phishing, Attacks Top Data Concerns of Law Firm CIOs
Alan Cohen
Detection and deflection: It may seem like an old boxing adage, but what it really stands for, as our ALM sibling The American Lawyer's 20th annual technology survey finds, is law firms' re-engineered approach to security.
Features
<b><i>Online Extra: </b></i> 7-Eleven Hit With Discovery Sanctions in NJ Franchise Case </b></i>
Zack Needles
A federal magistrate judge in Camden has sanctioned 7-Eleven Inc. for what he said were repeatedly deficient discovery responses in a case alleging the company unlawfully targeted South Jersey franchisees and owners for termination.
Features
<b><i>Online Extra:</b></i> Florida: Uber Drivers Are Contractors, Not Employees
Celia Ampel
Uber drivers in Florida will be considered independent contractors rather than employees, the Florida Department of Economic Opportunity determined on Dec. 3 in a victory for the app-based ridesharing company.
Features
<b><i>Online Extra:</b></i> Florida: Uber Drivers Are Contractors, Not Employees
Celia Ampel
Uber drivers in Florida will be considered independent contractors rather than employees, the Florida Department of Economic Opportunity determined on Dec. 3 in a victory for the app-based ridesharing company.
Features
Wage and Hour Red Flags
George F. Camerlengo
In today's litigious environment, many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. This article discusses some of the more common mistakes occurring in this minefield, and strategies to consider when such claims are filed.
Features
'Ambiguous' Franchise Agreement Sinks Franchisor
Scott M. Ratchick
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a judgment entered in favor of a group of franchisees who sued for breach of contract when the franchisor charged them royalties and fees that the parties negotiated specifically to exclude from their franchise agreements.
Features
Controversy from Talent Lawyer's Article on JAMS
Patience Haggin
Arbitration provider JAMS is staying neutral, sort of, on an entertainment litigator's claim that it favors big studios in arbitrations and mediations. The claim, made by Bird Marella partner Ronald Nessim in a law review this summer, is essentially that JAMS has a lock on studio business, with the overwhelming majority of studio contracts reviewed by Nessim naming JAMS as the dispute resolution provider.
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