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Features

Statistically Distinguishing Between Active and Passive Appreciation Image

Statistically Distinguishing Between Active and Passive Appreciation

Ashok Abbott

When divorce occurs, how do matrimonial attorneys deal with division of wealth that exists at the time of filing? Depending on state laws, <i>very contentiously</i>.

Features

AAML Child Custody Evaluation Standards Image

AAML Child Custody Evaluation Standards

Mary Cushing Doherty

The American Academy of Matrimonial Lawyers (AAML) has approved the Child Custody Evaluation Standards to provide the guidance that judges, attorneys and families across the country should embrace.

Features

Employer Found Liable for Harassment By Client Image

Employer Found Liable for Harassment By Client

Kevin C. McCormick

In a recent, unpublished decision, the Fourth U.S. Court of Appeals held that an employer may be responsible for the sexual harassment of one of its employees by the employer's client. This is an interesting issue that the Fourth Circuit had failed to address ' until this decision.

Features

'Ban the Box' Legislation Image

'Ban the Box' Legislation

Eugene K. Connors & Meghan Offer

Ban the Box" types of legislation, designed to ensure that employers are fair when screening persons who may or may not have criminal records, can unintentionally create impossible hiring decisions and pose huge legal risks for employers.

Which State's Anti-Discrimination Law Applies? Image

Which State's Anti-Discrimination Law Applies?

William C. Martucci & Jennifer K. Oldvader

For multistate employers, which state's law applies? Is it where the allegedly discriminatory decision is made? Where the company is headquartered? Or the law of the state where the impact of any allegedly discriminatory decision is felt?

November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters

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IP News Image

IP News

Howard J. Shire & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Bd. of Regents of The Univ. of Wis. v. Phoenix Int'l. Software, Inc. Image

Bd. of Regents of The Univ. of Wis. v. Phoenix Int'l. Software, Inc.

Matthew Siegal & William Seymour

By challenging the Trademark Trial and Appeal Board's decision to cancel its trademark registration for "CONDOR," the state of Wisconsin unintentionally waived its sovereign immunity and opened itself to a suit for trademark infringement by Phoenix International Software, Inc.

Seeing Red: The Reemergence of Aesthetic Functionality Image

Seeing Red: The Reemergence of Aesthetic Functionality

Jonathan E. Moskin

Although some will see new threats to trademark owners and the licensing industry and others will see new opportunities, trademark owners using creative designs will surely take notice of two decisions this summer: <i>Fleischer Studios Inc. v. A.V.E.L.A. Inc.</i> and <i>Christian Louboutin SA v Yves Saint Laurent America, Inc.</i>

The Federal Circuit and Patent Eligibility in the Wake of Bilski v. Kappos Image

The Federal Circuit and Patent Eligibility in the Wake of Bilski v. Kappos

Dervis Magistre

This article discusses Federal Circuit decisions on patent-eligibility issues following the Supreme Court's <i>Bilski v. Kappos</i> ruling.

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    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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