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Features

A Broadening Consensus to Narrow Asset Forfeiture Image

A Broadening Consensus to Narrow Asset Forfeiture

Edmund W. Searby

The Supreme Court as a whole appears aligned and motivated to review critically federal and state asset forfeiture procedures. In addition, Attorney General Sessions last month restored the federal forfeiture of property seized by state and local law enforcement ("federal adoptions"), but with certain additional safeguards.

Features

Bringing <i>Falsettos</i> Musical from Stage To Movie Screens Image

Bringing <i>Falsettos</i> Musical from Stage To Movie Screens

Stephanie Forshee

During this year's annual Tony awards recognizing Broadway theater, Whoopi Goldberg took to the stage to announce that the musical revival of Falsettos would be hitting movie theaters nationwide in July. Falsettos, which played at Lincoln Center Theater in New York, was nominated for five Tonys, but a deal had been negotiated long before the June 11 awards broadcast to make the stage production into a piece of event cinema.

Columns & Departments

Development Image

Development

ljnstaff

A look at several rulings, including an article 78 proceeding challenging grant of an area variance to proposed operators of a religious school.

Features

<i>Matal v. Tam</i> and Viewpoint-Discriminatory Prohibitions Against Federal Registration Image

<i>Matal v. Tam</i> and Viewpoint-Discriminatory Prohibitions Against Federal Registration

Theodore H. Davis Jr. & Samuel T. Kilb

In <i>Matal v. Tam,</i> the SCOTUS held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), prohibiting the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.

Features

Reflections on <b><I>Kokesh v. SEC</I></b> Image

Reflections on <b><I>Kokesh v. SEC</I></b>

Dixie L. Johnson & M. Alexander Koch

<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p> <b><i>Part One of a Two-Part Article</I></b><p>In reference to <I>Kokesh</I>, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.

Features

Serving Two Masters: When 'Bankruptcy-Remote' Meets Public Policy Image

Serving Two Masters: When 'Bankruptcy-Remote' Meets Public Policy

Pamela J. Martinson

Structured financing transactions make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as "bankruptcy-remote entities," or "BREs," these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.

Features

Preparing a Medical Witness for Deposition and Trial: A Different Approach Image

Preparing a Medical Witness for Deposition and Trial: A Different Approach

Gary Riveles & Mark G. Phillips

While the deposition testimony usually does not win the case, in a medical negligence matter, it can definitely lose it. The stakes for a physician today are higher than they have ever been. It is not an infrequent occurrence that any report to the Databank gets a review by both the State Board of Medical Examiners and any health insurer on whose panel the provider has privileges. Our clients deserve better.

Features

The Impact of <i>TC Heartland</i> on Copyright Venue Image

The Impact of <i>TC Heartland</i> on Copyright Venue

J. Alexander Lawrence

The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

ljnstaff

Analysis of a case involving condemnation.

Features

What's New in the Law Image

What's New in the Law

Robert W. Ihne

Who's doing what; who's going where.

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