Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Read More › Features
Bankruptcy 'Plunderers' Can Be Sued by Creditors, Third Circuit Rules
P.J. D'Annunzio
The U.S. Court of Appeals for the Third Circuit has ruled in a precedential decision that in cases where a trustee has abandoned a bankrupt entity, a creditor can nevertheless sue those who "plunder" a near-insolvent company of its remaining assets.
Columns & Departments
IP News
Jeff Ginsberg
&
Abhishek Bapna
Federal Circuit: ITC Did Not Err in Denying Non-Respondent's Petition to Rescind Exclusion Order Based on Invalidity Grounds Federal Circuit: District Court Did Not Err in Ruling that 'Half-Liquid' Is Indefinite Federal Circuit: District Court Did Not Err In Allowing Jury to Determine Infringement Based on Products' Compliance with Standard
Features
Is an 'Official Act' An Element of Public and Private Corruption?
Elkan Abramowitz
&
Jonathan S. Sack
This article discusses cases that have begun to address whether "official act" is an element in a private honest services fraud prosecution.
Columns & Departments
Bit Parts
Stan Soocher
Film Clips Included in Talent's Acting Reel Are a Copyright Fair Use Ninth Circuit Finds Judd/Weinstein Meeting Within Scope of California Sexual Harassment Statute Personal Manager's Lawsuit in New York Against Former In-House Counsel Can Move Forward
Features
Court of Appeals Upholds Pipeline Condemnation
Eamon P. Joyce
&
Cassandra Liu
This article focuses on a recent decision upholding a pipeline developer's exercise of eminent domain under New York law in National Fuel Gas Supply Corp. v. Schueckler.
Features
Man of La Mancha Revival Dispute Involves Whether Attorney/Client Relationship Arose
Stan Soocher
A thorny concern for lawyers is whether — and if so, when — an attorney/client relationship has been formed with a party with whom the lawyer has entered into a business arrangement. Current litigation over an agreement involving theatrical production rights to the Tony Award-winning musical Man of La Mancha offers some perspective on the issue.
Columns & Departments
Eminent Domain Law
ssalkin
Condemnee Entitled to Consequential Damages To Contiguous Parcel Valuation for Prospective Use Rejected
Features
How COVID-19 Has Impacted Broadway Productions
Matthew Windman
While the theaters of Broadway remain dark, the New York theater community has been left to grapple with challenging legal issues relating to governmental directives, contracts, insurance coverage, refunds, presenting live and prerecorded content on the Internet, and what health and safety measures will be needed once the theaters can reopen.
Features
What's in a Name? Booking.com and Consumer Perception Evidence
David H. Bernstein
&
Jared I. Kagan
In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.
Features
Survey Says: Tips On Getting Over the Daubert Hurdle
Rebecca Kirk Fair, Peter Hess
&
Vendela Fehrm
This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.
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