Features
Contractually Amendable Retiree Health and Welfare Benefits
In a controversial decision, the Third Circuit has ruled that a debtor must comply with the stringent procedural and substantive requirements of 11 U.S.C. ' 1114 to terminate retiree health and welfare benefits that the debtor contractually retained the right to modify at will.
Features
<b><i>Looking Forward, Looking Back:</b></i> Supreme Court's <i>Rear Window</i> Ruling 20 Years Later
2010 is the 20th anniversary of a landmark U.S. Supreme Court decision that dealt with the copyright renewal-rights dilemma. The case centered on whether actor James Stewart and director Alfred Hitchcock could continue to exploit their classic-thriller movie Rear Window, which was based on the short story "It Had to Be Murder" by Cornell Woolrich.
Features
League Impact on the Sports Team Bankruptcy Process
As more beleaguered team owners seek refuge in bankruptcy proceedings, the resulting clash of league interests with fundamental principles of bankruptcy law will result in the development of novel legal and practical solutions for financially distressed sports franchises.
Features
Abusive Internet Social Networking Yields Infringement
As with domain names, social networking user names are often an extension of a person's or an organization's identity. Businesses, for example, use social networking identities to promote themselves as a source of goods and services. And the flip side of that coin is that abusive use of social networking user names allows a third party to benefit from the goodwill by-product endorsement. But here's the problem: Such abusive behavior constitutes intellectual property infringement.
Features
Plaintiff in Casino Suit Craps Out in Venue Decision
A New Jersey resident unsuccessfully sought to keep his slip-and-fall case in Philadelphia Common Pleas Court by arguing that an Atlantic City casino's Internet advertising within Pennsylvania established the state's personal jurisdiction over alleged negligence by the casino.
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Case Briefs
Highlights of the latest insurance cases from around the country.
Features
Navigating the Changing Technological Landscape
In <i>City of Ontario v. Quon</i>, the U.S. Supreme Court held that a government employer's search of an employee's communications on an employer-issued pager was reasonable under the circumstances and, therefore, did not violate the Fourth Amendment of the Constitution. The Court's narrowly tailored decision underscores that cases in the area of employee privacy will continue to be highly fact-sensitive.
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Criminal Antitrust Enforcement Under the Obama Administration
Judging by the numbers, the Obama DOJ has been as active, or at least as successful, in criminal antitrust enforcement as candidate Obama promised. Criminal antitrust fines in 2009 exceeded $1 billion...
Features
Real Property Law
In-depth analysis of key cases you need to know.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›