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Litigation

  • In-depth analysis of a case involving a deceased patient's medical records.

    May 01, 2016
  • Chief Justice John Roberts recently said that the new amendments to the Federal Rules of Civil Procedure should "achieve the goal of Rule 1 ' 'the just, speedy, and inexpensive determination of every action and proceeding' ' only if the entire legal community, including the bench, bar, and legal academy, step up to the challenge of making real change."

    May 01, 2016Jim Gill
  • At the end of 2015, Congress passed, as part of a large tax extender bill, the Protecting Americans from Tax Hikes Act (PATH), an extension of '181 of the Internal Revenue Code. Section 181 has been available since 2004 to permit expedited deduction of the costs of a film or TV production. Since inception, this has had several sunset provisions, each of which was extended as part of year-end extender bills. The latest for the first time has extended the availability of '181 treatment to live stage productions.

    May 01, 2016Thomas D. Selz, Bernard C. Topper Jr. and Christopher A. Cacace
  • Recent NLRB decisions have rewritten the labor law map in a variety of ways, but nowhere more significantly than in the areas of franchising and outsourcing. With the decision in Browning-Ferris and decision by the NLRB's general counsel involving McDonald's, the definition of a "joint employer" has grown exponentially broader.

    May 01, 2016Paul F. Millus
  • The New York Court of Appeals has been sent an important and unresolved issue on copyright infringement for music recorded prior to 1972. The U.S. Court of Appeals for the Second Circuit has asked New York's highest court to determine whether there is a right of public performance for creators of sound recordings under that state's law and "if so, what is the nature and scope of that right?"

    May 01, 2016Mark Hamblett
  • Review of a case in which another health care worker was indicted for stealing opioids at work.

    May 01, 2016
  • Examination of a case in which a landlord was not obligated to repair a roof.

    May 01, 2016
  • This article addresses the four major evidentiary hurdles ' relevance, authentication, hearsay, and best evidence ' that must be overcome to admit Facebook posts claimed to be posted by the owner, whether it be the profile page, or a posted message, photograph or video, when offered against the claimed owner.

    May 01, 2016Michael J. Hutter