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
Tax Considerations in Light of <i>Windsor v. U.S.</i>
Janice G. Inman
When the U.S. Second Circuit handed down its decision in <i>Windsor v. U.S.</i>, it gave new hope to the many same-sex married couples in New York that their marriages might someday be afforded the same recognition as the marriages of opposite-sex couples. The emotional benefits of such an acknowledgement are undoubtedly substantial, but the financial benefits are equally compelling.
Features
For Better or for Worse: The Case Against Referenda on Marriage Equality
Frank Gulino
While it is natural for same-sex marriage supporters to want to ride the current wave of ballot box victories for marriage equality, that instinct should be resisted because popular-vote referenda are simply not the appropriate vehicle for determining fundamental individual rights, like the right to marry.
Features
Analysis of Appeals Courts' Views on File Sharer Damages
Sheri Qualters
In 2012, the U.S. Court of Appeals for the Eighth Circuit issued what was only the second federal appellate ruling on statutory damages against an infringing file sharer. The Eighth Circuit reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
Features
Factors in Assessing Statutory Damages for Digital Copyright Infringement
Stan Soocher
A recent federal district court award of $6.6 million in statutory damages to music publishers for the unlicensed use of song lyrics by the website LiveUniverse and its operator was hailed as the first of its type for owners of song lyrics, and thus a significant milestone for content owners in the digital era.
Features
Legal Issues Involving Obesity and the ADA
Leigh Jones
Three federal cases indicating growing acceptance of obesity as a condition covered by the ADA, combined with obesity rates among the nation's workforce at an all-time high, portend additional claims from plaintiffs demanding accommodations for their conditions ' and more suits against employers that fail to provide them.
Features
Success in Mediation
Richard Shore
In-house counsel contemplating or involved in mediation should take a step back and consider whether the standard ways of doing things really serve their or their clients' needs. Do they promote your dispute resolution goals? Surprisingly often, the answer is no.
Features
Quarterly State Compliance Review
Sandra Feldman
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Nov. 1, 2012 and Jan. 1, 2013. It also reviews some recent decisions of interest, including two from the Delaware Supreme Court.
Features
In the Courts
Matthew J. Alexander
&
Christian E. Izaguirre
A recent case about sentencing guidelines.
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