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What happens to a So Ordered, interim agreement that is not mentioned in the divorce judgment in any way, shape or form? Is it vacated, or does it survive? The answer to this issue, in New York State, at any rate, requires a two-step analysis.
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On June 24, the U.S. Supreme Court sharply limited one of the federal prosecutors' favorite statutes: honest services mail and wire fraud. So where does the law of honest-services fraud go from here?
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While the government almost certainly will give you an estimate of your client's sentencing exposure as part of a plea process, recent cases in the Second Circuit make clear that the government is unlikely to be bound by that estimate.
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It is important to recognize early on if an insurance policy with a London arbitration provision, or any international arbitration provision, may be called on to contribute to the settlement of a lawsuit. By creating that awareness early on, there is an opportunity to build a stronger record to support the reasonableness of any settlement and to maximize the insured's ability to obtain coverage.
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A growing number of courts have addressed the validity of contracts purportedly created through Web-based transactions. While the judiciary has produced mixed results in this area, a few trends have emerged ' notwithstanding the nuances presented by online transactions.
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While insurance appraisal clauses are standard in many homeowners' policies, the manner in which they are utilized by insurers and policyholders — and the way in which they are interpreted by the courts — differs based upon the role an appraiser plays in interpreting causation.
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Ninth Circuit Upholds Sanctions Against Copyright Lawyer<br>Attorney Fees Awarded To Prevailing Defendants in Memorabilia Case<br>Manatt Petitions CA Supreme Court over Ruling Against Firm
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In 2004, the U.S. Court of Appeals for the Ninth Circuit decided that state implied-in-fact contract claims weren't preempted by federal copyright law. <i>Grosso v. Miramax Film Corp.</i> The ruling resulted in a predictable increase in idea-submission suits over TV and film productions. But few judicial opinions since have cited <i>Grosso</i>. In June 2010, however, the Ninth Circuit issued two decisions ' with differing results ' that, by also drawing from precedents from decades before, illuminate how a court should consider the elements of an implied-contract case.
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From construction contracts, to supply contracts, to equipment leases, franchisors and franchisees might face the problem of litigating numerous legal disputes simultaneously. This, of course, can be devastating for a business, whether big or small. So what can you do to avoid these pitfalls?
