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In the Courts
In-depth discussion of important rulings.
Features
In re Soho 25 Retail, LLC Benefits Mortgage Lenders in New York
The holding in this important case supports the relatively new theory that New York law permits a mortgagor to transfer its entire interest in rents to a mortgagee upon executing the mortgage, such that the transfer will remain effective in the mortgagor's eventual bankruptcy.
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e-Discovery Technology for the $100,000 (or Less) Case
One of the main trends mentioned by many at LegalTech NY was e-discovery technology solutions for smaller cases. Historically, e-discovery technology tools have been geared toward the largest of cases from a document and data volume standpoint. Cases with smaller volumes (and often, less dollars at stake), however, have the same needs for efficiencies in the e-discovery process. Fortunately, there are several solutions that benefit these smaller cases.
Features
How California Courts Should Handle Implied Good-Faith Obligation
Contract-drafting expert Kenneth A. Adams offers recommendations for California courts to consider on what he believes is a faulty court of appeal decision on a still cloudy, implied covenant issue in the state's jurisprudence.
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Bit Parts
Intermediate Date Used for Prejudgment Interest in Digital Downloads Fees Suit<br>Magistrate Quashes Bid to Depose Norman Lear in "Soul Men" Litigation<br>New York Laws Not Violated by Resales of Sports Game Tickets
Features
Analysis of Decision By Supreme Court on Video Games
Supreme Court Justice Antonin Scalia and his teammates recently mowed down California's ban on violent video games with fully loaded First Amendment precedents and barbed retorts to opposing arguments. In doing so, the U.S. Supreme Court reinforced a fundamental point: First Amendment protections do not depend on the medium of communication. Thus, video games are protected speech, and restrictions based on their content will be subject to strict scrutiny.
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Tax Court Divides Endorsement Income into Personal Service Or Royalty Earnings
The U.S. Tax Court decided that fees received by international pro-golfer Retief Goosen for so-called "on-course" endorsement deals constituted both personal service and royalty income.
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Opinion Says Lawyers May Check Jurors' Online Activity
Attorneys may monitor jurors through online social networks as long as they do not contact the jurors or in any way make their monitoring known to them, the New York County Lawyers' Association said in a recent ethics opinion.
Features
Copyright and Fair Use in Legal Proceedings
This article discusses recent decisions regarding the use of copyrighted material in legal proceedings and the applicability of the fair use defense to allegations of infringement.
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