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The Mighty Sword of PACA in Bankruptcy

Andrew L. Turscak, Jr.

Special creditor protection is not located in title 11 of the United States Code; instead, one needs to refer to 7 U.S.C. '' 499a through 499t in order to discover the special protections set forth for "claims" arising under the Perishable Agricultural Commodities Act ("PACA").

Recent Cases Illustrate That Family Law Is Fascinating

Albert Momjian

Three recent cases, one in Tennessee and two in Florida, are discussed for no reason other than that they are interesting.

Features

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

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

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In a recent, unpublished decision, the Fourth U.S. Court of Appeals held that an employer may be responsible for the sexual harassment of one of its employees by the employer's client.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

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?

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?

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.

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

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>

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