The First Department's recent decision in Fletcher v. The Dakota, Inc., et al. overrules a prior decision that set forth an overly onerous pleading standard for discrimination claims against coop directors and condominium board members.
Recent rulings of interest to you and your practice.
What's happening in neighboring states.
There is no "rule of thumb" with respect to the valuation of a hedge fund interest. Hedge funds are complex entities with complex people using complex investment strategies; therefore the valuation of a hedge fund is complex, by nature.
Highlights of the latest intellectual property cases from around the country.
Over the years, courts have carved out numerous exceptions to the general rule barring recovery of excess support payments. An additional exception that permits recoupment under certain circumstances, is contained in the Family Court Act. So, in some cases, relief for the party who has overpaid may be possible.
The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under Bard Peripheral Vascular, Inc. v. W.L. Gore & Assoc., a judge may now have the exclusive role of determining whether a jury is entitled to decide this question.
When an interpretation of a test result that has implications for one's client is based on a Computer-Generated Test Interpretation (CGTI), be aware that this can open the door to a number of avenues of attack with regard to hearsay and admissibility.
In July 2012, the Federal Circuit issued two decisions regarding patentable subject matter for computer-implemented business methods, CLS Bank Int'l v. Alice Corp. and Bancorp Services v. Sun Life Assurance Co. of Canada, that vividly demonstrate the conflicting approaches various members of the court apply to this question.
Over the course of recent years, the Internet has made more and more information on best practices, model documents and legal forms available to lawyers. Yet, the challenge has been sorting out the "best in class" advice and up-to-date documents from myriad sources on the Web in a quick and efficient manner.
