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Litigation

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In the Courts

ALM Staff & Law Journal Newsletters

Analysis of recent cases of importance.

Features

Changing the Game

Joseph F. Savage Jr. & David McCrary

As an initial matter, it is patent that, following <i>Global-Tech</i>, the law on willful blindness in most circuits ' at least as reflected in pattern jury instructions ' must change.

Features

The Personal Benefit Test in Misappropriation Cases

Jodi Misher Peikin & James R. Stovall

Is the benefit test a separate element of liability or an aspect of another element, like breach of duty or scienter? And what counts as a sufficient "benefit"?

Features

Choppy Waters in the Safe Harbor for Shareholders of Failed LBOs?

Kevin J. Walsh & Ella Shenhav

In this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...

Features

Update on Bankruptcy Preference Insider Liability

Michael L. Cook

The Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.

Features

<B><I>BREAKING NEWS:</b></i> <b>NJ Senate Passes Same-Sex Marriage Bill But Votes Short of Veto-Proof Majority</b>

Michael Booth

The state Senate passes legislation to authorize gay and lesbian couples in New Jersey to marry, but with fewer votes than needed to override Gov. Chris Christie's expected veto of the bill.

Features

<B><I>BREAKING NEWS:</b></i> <b>Ninth Circuit Sides With Gay Couples in 2-1 Ruling on Prop 8</b>

Ginny LaRoe

Taking a narrow approach in deciding the blockbuster challenge to California's ban on gay marriage, a split panel of the Ninth Circuit U.S. Court of Appeals on Feb. 7 found Proposition 8 unconstitutional.

Features

Proving Contributory Online Trademark Infringement

Richard Raysman & Peter Brown

The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.

Features

Bit Parts

Stan Soocher

Default Against iTunes in Artist's Download Suit Is Set Aside<br>Michigan Gets Governmental Immunity in Tax Credit Case<br>Translation Lyrics Suit Can Be Heard in New York Federal Court, Despite Appeal of Florida Litigation over Same Song

Features

Supreme Court Rules on Copyright Restoration for Foreign Works

Marcia Coyle

The U.S. Supreme Court has ruled that the Constitution did not bar Congress from extending copyright protection to previously free foreign works, such as Prokofiev's "Peter and the Wolf.

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