John Wiley & Sons v. Kirtsaeng
In <i>John Wiley & Sons Inc., v. Kirtsaeng</i>,the Second Circuit took a stand against parallel importation of copyrighted works made under the authority of the U.S. copyright owner in a foreign country.
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NJ & CT News
The latest rulings from neighboring states.
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Supreme Court: 'Willful Blindness' Supports a Judgment of Induced Infringement
In <i>Global-Tech Appliances, Inc. v. SEB S.A.</i>, the Supreme Court held that "willful blindness" may satisfy the knowledge element required for a finding of induced infringement. In so doing, the Court rejected the prior "deliberate indifference" standard articulated by the Federal Circuit.
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Divorce Settlements Funded By Proceeds of Fraud
The recent <i>Walsh</i> decision is a victory for non-moneyed spouses unknowingly married to those whose hearts are filled with larceny.
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Emancipation, Frustration of Visitation and Child Support
Last month's article discussed relieving a parent of the duty to pay child support because a custodial parent has continually interfed with court-ordered visitation. The discussion continues herein.
Marriage Equality Remains an Aspiration
Non-recognition statutes and other factors create issues that family law practitioners must be aware of in counseling same-sex couples planning for their future ' or those seeking to end their marriages. This article addresses many of those issues.
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Law Firm Capital
This article provides strategies for creating a sustainable capital plan.
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- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
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- The Stranger to the Deed RuleIn 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.Read More ›