Decisions of Interest
Recent rulings of importance to your practice.
Class Action Waivers in Commercial Agreements
While the legal status of class action waivers is evolving in the United States, largely due to a U.S. Supreme Court decision earlier this year, franchisors that operate in the United States and Canada also should be aware of the differences in how the two countries address this important element of franchise contracts.
Features
Divorce Cases Are Complicated by New Maintenance Rules
A new system for calculating interim maintenance awards in matrimonial actions, adopted last year to make no-fault divorce more palatable, is under fire from many attorneys who say it is confusing, and potentially inequitable.
Child Testimony
The testimony of children in family proceedings is governed by unique rules that derive from the tension between due process and the protection of children. Here's what you need to know.
Features
Fighting Against the 'SUNY Cap'
A recent decision handed down by the Manhattan Supreme Court is highlighting the fact that although the SUNY cap has its place, it is not the last word. That case, <i>Pamela T. v Marc B.</i>, deserves a serious look.
The Doctrine of Equitable Tolling and Vaccine Claims
The limitations period for the filing of claims under the "Vaccine Act" has kept many from recovering for vaccine-related injuries. Still, claimants try to stretch the boundaries, offering varying reasons for why their cases should not be time-barred.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›