Features
Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate
Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in <i>John Wiley & Sons Inc. v. Kirtsaeng</i> and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States.
Columns & Departments
Court Watch
Highlights of the latest franchising cases from around the country.
Columns & Departments
Real Property Law
Analysis and discussion of several major rulings.
Columns & Departments
Landlord & Tenant
Two recent rulings and what they mean.
Columns & Departments
Development
In-depth analysis of a key ruling.
Columns & Departments
Cooperatives & Condominiums
A look at <i>Pomerance v. McGrath</i> and what it means.
Features
Measure of Damages for Breach of a Contract to Purchase Real Property
An in-depth look at <i>White v. Farrell</i>, decided last month, and what it means for breach of a contract.
Features
Insurance Coverage for Cyber Attacks
Companies should carefully examine their insurance programs, evaluate what coverage already may be available, and see what may be done to enhance the available coverage. To the extent that there may be gaps in available coverage, companies should consider how those gaps can be filled, including through specialty "cyber" risk policies.
Features
Coverage for 'Diminution in Value' in Commercial Property Insurance Policies
Few courts have considered the issue of whether post-repair diminution in value damages are recoverable under a commercial property policy.
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- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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