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Court of Appeals Update: 2008 Image

Court of Appeals Update: 2008

Marcy L. Wachtel

As it does each year, New York's Court of Appeals issued some significant family-law related decisions in 2008. As the new year begins, it's a good time to look back on the important decisions of last year that every New York matrimonial law practitioner should be aware of.

Features

Calculating the Damages Image

Calculating the Damages

Debra Sydnor & Shirlethia Franklin

While some courts have allowed the use of race- and socio-economic-based statistical evidence when computing damages in tort actions, others have expressly rejected the use of such statistical evidence, questioning the appropriateness, reliability, and fairness of this evidence when used in this way.

Features

Practice Tip: Expert Witness Selection Image

Practice Tip: Expert Witness Selection

James H. Rotondo & Andrea E. K. Thomas

This article briefly outlines the historical development of the federal rules relating to expert witness discovery, discusses evolving judicial interpretations of the scope of expert witness discovery, provides a sampling of federal and state court rulings as to various types of expert witness discovery requests, and offers practical advice in respect to managing expert witness discovery.

Features

The 2009 PhRMA Code on Interactions with Health Care Professionals Image

The 2009 PhRMA Code on Interactions with Health Care Professionals

Eric H. Sussman & Adrienne Gonzalez

The Pharmaceutical Research and Manufacturers of America ("PhRMA") recently issued a revised version of its Code on Interactions with Healthcare Professionals that took effect on Jan. 1, 2009 ("revised Code"). Here's a look at the revisions.

Features

The Leasing Hotline Image

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

ALM Staff & Law Journal Newsletters

Web Arbitration Clause Before Purchase Does Not Cancel Unconscionability<br>Web Host Gets CDA Immunity for Alleged Defamatory Site Content <br>Game 'Cheat' Software Circumventing Security Does Not Violate DMCA<br>Late Option Exercise Under License Not Excused on Equitable Grounds <br>Print-on-Demand Publisher Not Liable for Alleged Defamatory Book

Features

Appellate Court Says Waiver Enforceable, Notwithstanding Statute Image

Appellate Court Says Waiver Enforceable, Notwithstanding Statute

Douglas M. Mansfield & J. Todd Kennard

Many state franchise or distributor statutes contain provisions that purport to limit the enforceability of waivers or releases signed by dealers or franchisees. The restrictions on waivers are often justified on claimed "inequality of power" between the manufacturer or distributor and franchisee. One court recently struck a blow in favor of manufacturers and distributors in upholding a waiver even though part of the statute expressly referenced restrictions on certain waivers.

Features

Franchisors Must Prepare for Pending Introduction of New Top-Level Domains Image

Franchisors Must Prepare for Pending Introduction of New Top-Level Domains

Ryan Kaatz & Brian Schnell

In only a few short months, franchisors must choose whether to register a top-level domain (TLD) that corresponds with the franchisor's trademark or company name. Similar to current TLDs .com, .net, and .org, new TLDs like .hilton, .coke, or .merrilllynch will be available. A franchisor's choice must balance potentially significant commercial, advertising, and security opportunities with substantial financial and technological investment.

Features

The Trouble with Anonymous Bloggers Image

The Trouble with Anonymous Bloggers

Joel Cohen & Katherine A. Helm

cyberspace enables anyone willing to spring for a domain name and pay an Internet service provider $15 a month to become a "publisher." And even better for these latter-day Horace Greeleys, they can corral a limitless number of "reporters" without paying one red cent. Small wonder that blogging has become a force of mainstream media. Indeed, blog owners basically need only to grant anonymity to those who post to their Web sites.

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