Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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Practice Tip: The SPILL Act
Amy Rudd
Thanks to a recent act of Congress, the oil spill may be seeping into product liability law. Meet the SPILL Act.
Features
Recent Developments in Class Actions
Benjamin R. Dwyer
&
Tracey B. Ehlers
This article reviews two cases ' one decision and one case under review by the U.S. Supreme Court ' in which class counsel sought certification of a class after a similar class was denied certification in another jurisdiction.
Features
In the Spotlight: Franchise Law
David J. Kaufmann
Many commercial leases involve franchises. Consequently, a dispute between a franchisor and franchisee can result in problems for a landlord.
Features
What Goes Up Can Come Down
Jodi Misher Peikin
&
James R. Stovall
The Dodd-Frank Act directs the Sentencing Commission to amend the Sentencing Guidelines for certain fraud offenses, just as SOX did ten years ago. Those SOX amendments led to sentences greater than under the original Guidelines Manual, and a similar result will likely follow from Dodd-Frank.
Features
Sentencing of Individuals in FCPA Cases
Gary Stein
The DOJ exercises virtually unlimited discretion in deciding who gets charged in FCPA cases and, for all practical purposes, in deciding the amount of the financial penalty imposed against corporate violators. But sentencing of individual defendants is ultimately a matter of judicial, not prosecutorial, discretion.
Features
The Limited Scope of the Duty to Cooperate
Paul A. Rose
&
Alexandra V. Dattilo
Although it is important for both policyholder and insurer to review carefully the cooperation clause in a liability insurance policy to determine its precise, expressed scope, it also is important for the parties to recognize that ethical rules and decisional law may serve to limit the stated scope of any duty to cooperate.
Features
Don't Delay, Obtain a Stay
Douglas S. Mintz
&
Stephen Johnson
A recent Sixth Circuit opinion may rebuke implicitly a controversial holding of the Ninth Circuit Bankruptcy Appellate Panel in 2008, holding that the lien-stripping effect of a sale pursuant to ' 363(f)of the Bankruptcy Code could be unwound on appeal.
Features
Some Formerly in Foster Care May Now Return to the System
Janice G. Inman
As of Nov. 11 of this year, under certain circumstances, some children who have aged out of the foster care system may voluntarily re-enter it.
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