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Litigation

  • Evaluator bias can interfere with the noble goals of effective and reliable forensic work and lead to the court being misled.

    March 01, 2017Jeffrey P. Wittmann
  • In a recent case, New York's highest court held that, where it is shown by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together, the non-biological, non-adoptive partner has standing, as a parent, to maintain a proceeding pursuant to Domestic Relations Law (DRL) Section 70 seeking custody and visitation.

    March 01, 2017Thomas A. Elliot
  • The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.

    March 01, 2017Neil J. Rosini and Michael I. Rudell
  • Each year, the U.S. government secures more than 1,200 money-laundering convictions. Now, the Federal Bureau of Investigation (FBI), at least, is setting its sights with renewed vigor on those who help criminal organizations and terrorists conceal billions in illicit funds.

    March 01, 2017Justin du Rivage
  • The ability to hire and retain a competent, responsible workforce distinguishes the great human resources managers from the merely mediocre ones. Retention is highly valued in most successful businesses because hiring on limited information often comes down to more luck than skill, and nobody wants to engage in hiring more often than absolutely necessary.

    March 01, 2017K. Bryance Metheny
  • Part One of a Two-Part Article
    The work letter agreement of the lease sets forth the rights and obligations of the landlord and the tenant relating to the construction of improvements at the leased premises. To help anticipate problems and mitigate associated risks, this two-part article summarizes six "what if" scenarios that should be considered by landlords and tenants when negotiating Work Letters.

    March 01, 2017Melissa Vandewater
  • On Jan. 17, 2017, in a closely watched dispute, the Second Circuit issued its long-anticipated decision in Marblegate Asset Management, LLC v. Education Management Finance Corp., construing Section 316(b) narrowly, holding that it only prohibits "non-consensual amendments to an indenture's core payment terms" and does not protect noteholders' practical ability to receive payment.

    March 01, 2017Alan R. Glickman, David M. Hillman, Ronald B. Risdon and Minji Reem
  • Section 1557 of the Affordable Care Act breaks new ground in that it is the first federal civil rights law to ban sex discrimination in health care programs and activities.It imposes requirements on Covered Entities in order to achieve the objectives of the statute. This article discusses those obligations and the consequences of a Covered Entity's failure to fulfill those mandates.

    February 01, 2017Andrew Zwerling and Marianne Monroy