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Litigation

Features

Negligence Claim Precluded by Real Estate Service Contract

Alan Nochumson

In <i>Greenwood Land Co. v. Omnicare Inc.</i>, the U.S. District Court for the Western District of Pennsylvania precluded a tenant from claiming negligence against its real estate management company under the gist of the action and economic loss doctrines as a result of a contract that existed between the parties.

Features

Foundations of a Successful Homebuilder Reorganization

Joel H. Levitin, Maya Peleg, Mitchell B. Arden & Michael P. Gaul

The in-depth story of a successful reorganization endeavor.

Features

<B><I>BREAKING NEWS:</b></i> Federal Bankruptcy Court Declares DOMA Unconstitutional

Kate Moser

In a rare and sweeping bankruptcy ruling, a federal bankruptcy judge backed by most of his colleagues in the Central District of California has held that the federal Defense of Marriage Act is unconstitutional.

Features

Judge Distinguishes Subpoenas over BitTorrent Sharing

Zoe Tillman

Not all file-sharing websites are created equal, according to U.S. District Court Judge Beryl A. Howell of the U.S District Court for the District of Washington.

Features

Aggressive Copyright Positions by Lady Gaga, Burning Man Festival

Robert W. Clarida & Robert J. Bernstein

What's at issue is control, obviously, and the great lengths to which some will go to maintain it, even as they benefit from the wide-open, free-flowing viral information torrent of the Internet.

Features

Social Media and Negotiating Celebrity Endorser Morals Clauses

Doug Wood

One thing to do when hiring a celebrity endorser is to be certain the contract includes a "morals clause" that permits termination of a contract if the endorser decides to use Twitter, Facebook, LinkedIn, YouTube, etc., to tweet, post or upload offensive comments and materials. Know, however, that celebrity agents are very careful not to let contracts be terminated for bad behavior.

Features

Software Developer's Suit Against ConnectU May Go Forward

Sheri Qualters

A Massachusetts state court judge has ruled that a Boston software developer's case against defunct social media site ConnectU Inc. and its founders and key shareholders, including the Winklevoss twins, can move forward. Also, the Winklevosses' have taken their bid to undo their Facebook settlement to the Supreme Court.

Features

The Duty to Defend in New Jersey

Daren S. McNally & and Matthew I. Gennaro

Despite recent protestations to the contrary, New Jersey duty-to-defend law retains the same unique position that it has for more than four decades.

Features

Attorney-Client Privilege and Cross-Border Investigations

Philip M. Berkowitz

How do U.S. courts resolve the conflicts between U.S. discovery and overseas laws, and in particular the application of the privilege?

Features

Landlord & Tenant

ALM Staff & Law Journal Newsletters

In-depth commentary on recent high-profile rulings.

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