Litigation

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.

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.

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.

Intermediate Date Used for Prejudgment Interest in Digital Downloads Fees Suit
Magistrate Quashes Bid to Depose Norman Lear in "Soul Men" Litigation
New York Laws Not Violated by Resales of Sports Game Tickets

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.

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.

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.

In-depth analysis of recent key cases.