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Features
Article 78 proceedings between landowners and municipalities are a staple for New York's court system, often reaching the Appellate Division on disputes that seem insignificant to the outside observer.
Features
Continuing last month's discussion of the appellate decisions in two cases concerned with the propriety of <i>ex-parte</i> physician interviews in the context of medical malpractice litigations.
Features
CHOICE OF DOMICILE<br>SINGLE PUBLICATION RULE<br>TRANSFORMATIVE USE DEFENSE
Features
In cyberspace, the activities of ostensible rogue Web sites ' many attacking U.S. commercial interests or preying on our citizens in a variety of endeavors ' include copyright infringement, illegal gambling and pornography, to name a few. Web site domain seizures may be the 21st-century digital equivalent of 20th-Century gang busting police raids on the haunts of criminal organizations. In place of the remnants of destroyed contraband, a subsequent visitor to these targeted Web sites may instead confront a message left by court order, declaring that the site has been "taken down" for certain illegal activities.
Features
Snow is melting, seed catalogs are arriving, and eyes have turned to Spring Training. Some baseball fans are also turning their attention to the U.S. District Court for the District of Columbia to follow the recent developments in <i>U.S. v. Clemens.</i> The indictment charges player Clemens with six counts: three counts of making false statements to Congress, two counts of perjury and one count of obstruction of Congress.
Features
The rise of reality TV may have hurt the market for writers and actors, but it has provided an additional income stream for a select group of entertainment attorneys. One reason: union rules governing wages, breaks and time worked don't apply to reality shows. As a result, media companies can hire people who are happy, at least initially, to be on TV for little pay.
Features
Celebrities have often used claims of unfair competition by false association or false endorsement under '43(a) of the federal Lanham Act as a basis for recourse against the unauthorized use of aspects of their identities and personas. The potency of a celebrity association claim was recently reinforced in the U.S. District Court for the District of Nevada.
Features
A case lost, repealed or rejected because of experts is far more common than it should be, and is often caused by attorneys hiring inappropriate or underqualified experts to testify for e-commerce and other types of enterprises, or by hiring no experts.