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New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions Image

New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions

William R. Wood II

The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.

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Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

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Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Commentary on the latest cases.

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Index

ALM Staff & Law Journal Newsletters

Everything contained in this issue, in an easy-to-read format.

Features

<b>Cameo Clips</b> Controversial Ruling On Copyright Protection for Foreign Works Image

<b>Cameo Clips</b> Controversial Ruling On Copyright Protection for Foreign Works

David Horrigan

The U.S. Court of Appeals for the Ninth Circuit upheld a copyright infringement verdict against the great-grandson of artist Pierre-Auguste Renoir in a fight over the right to reproduce sculptures created by the French impressionist. The appeals court noted that stare decisis required it to follow its controversial 1996 precedent regarding Walt Disney's copyright for Bambi. Although that ruling "can be, and has been, criticized, it is still binding in this circuit. We are thus bound to follow it," the court said.

Features

Broad Injunction Issued in Toy Infringement Case Image

Broad Injunction Issued in Toy Infringement Case

Alison Frankel

In December, U.S. District Judge Stephen Larson of the Central District of California granted Mattel a sweeping injunction that essentially shuts down MGA's Bratz operation. Larson ordered MGA to cease manufacturing, marketing and selling almost every doll in the Bratz line, as well as any ancillary product that makes use of images of those dolls. He also ordered MGA, at its own expense, to deliver all infringing dolls and products to Mattel for impoundment.

Features

Fair Value Accounting: Insights and Issues Image

Fair Value Accounting: Insights and Issues

Vijay Sampath & Jamal Ahmad

This article examines the accounting principles and the framework underlying fair value measurements and clarifies the difference between mark-to-market accounting and fair value accounting. The article then examines the application of fair value accounting in inactive or illiquid markets, and in doing so, raises certain thematic issues that have surfaced in regard to this topic.

Features

Attorney-Client Privilege in Congressional Investigations Image

Attorney-Client Privilege in Congressional Investigations

Steven R. Ross & Raphael A. Prober

For a litigator accustomed to practicing in court, representing a client in a Congressional investigation presents unique challenges, as the rules, procedures, processes, and customs differ vastly. One area of stark difference is the status and treatment of attorney-client privilege.

Features

The Disappearance of Qs: A Knockout Punch to Securitizations? Image

The Disappearance of Qs: A Knockout Punch to Securitizations?

Michael J. Venditto

Proposed changes to accounting rules for securitization vehicles will further challenge this already fragile market, threatening its role as a significant source of liquidity.

Features

Postnuptial Pact Challenge Goes Forward Image

Postnuptial Pact Challenge Goes Forward

Mark Faas

In the first case to interpret the latest amendment to a perplexing New York matrimonial statute, a state judge has ruled that a Long Island woman may challenge the validity of her postnuptial agreement 12 years after it was signed, notwithstanding the three-year statute of limitations.

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