Features
The Courts: Active Players in White-Collar Cases
In June, the Supreme Court unanimously held that Enron's former CEO Jeffrey Skilling did not commit "honest services" fraud, ruling that the statute under which he was convicted must be limited to bribery and kickback schemes to avoid constitutional concerns over vagueness. The decision should curtail prosecution of a variety of conduct that the government would otherwise seek to criminalize through the statute. In contrast, the courts are expanding the reach of other criminal statutes to encompass conduct previously regarded as outside their scope.
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Bit Parts
Evidentiary Restrictions on Proving Copyright Substantial Similarity<br>Profits Accounting for Use of Band Name Is Nondischargeable Debt<br>Third Amended Complaint Allowed in Karaoke Case
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No RICO Violation Seen in Alleged Use of TV Show Idea
The U.S. District Court for the Eastern District of New York dismissed a federal RICO claim that alleged the defendants took the basis for their TV program The Great American Road Trip from a TV show idea created by the plaintiffs.
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Rare Move By the U.S. Supreme Court
In a rare ruling, the Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive termination under the Petroleum Marketing Practices Act.
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Jury Allowed to Consider Testimony on Oral Modification of Lease
In most leases, the landlord and tenant are specifically prohibited from orally modifying the lease. However, a decision recently handed down by the U.S. District Court for the Middle District of Pennsylvania illustrates how such a provision may be waived through the conduct of the parties.
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<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.
Features
<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.
Features
Case Briefs
Highlights from the latest insurance cases from around the country.
Features
NJ Court Clarifies Policyholders' Right to Recover Out-of-State Coverage Counsel Fees
According to the New Jersey Supreme Court in <i>Myron Corp. v. Atlantic Mutual Insurance Co.</i>, a policyholder's right to recover counsel fees extends even to those fees incurred defending against an insurer-initiated, out-of-state declaratory judgment action.
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