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On the Move Image

On the Move

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

A Failure to Assume Image

A Failure to Assume

By Bruce Buechler

This article discusses the "ride-through" doctrine, which courts have developed to resolve the ambiguity resulting from a debtor's failure to assume or reject an executory contract under ' 365 prior to plan confirmation.

Features

Judge Not, Lest Ye Be Judged ... Via Online Resources Image

Judge Not, Lest Ye Be Judged ... Via Online Resources

Lisa Reisz & David Dilenschneider

How to conduct online research on the judges who preside over your cases.

Ninth Circuit Holds That Even Brats Deserve Equitable Treatment Image

Ninth Circuit Holds That Even Brats Deserve Equitable Treatment

Stephen W. Feingold & Katharine M. Sullivan

<i>Mattel Inc. v. MGA Entertainment, Inc.</i>, a recent case decided by the Ninth Circuit, illustrates why companies should ensure that the ideas developed by their employees may not be exploited by those employees to the detriment of their employer.

Features

What Corporate Counsel Need to Know About Managing Deposition Costs Image

What Corporate Counsel Need to Know About Managing Deposition Costs

Stewart Weltman

This article provides some guidance to in-house counsel as to how to better manage your outside counsel in limiting this deposition costs. This boils down to deciding who should or should not be deposed.

Supreme Court Ruling Bolsters Ability of Third-Party Employees to Bring Retaliation Suits Image

Supreme Court Ruling Bolsters Ability of Third-Party Employees to Bring Retaliation Suits

Tara G. La Fiura & Cara Shafran

In a decision bound to affect all employers,the Supreme Court unanimously held that the anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 not only protect employees who challenge discrimination, but also co-workers who are related to or a close associate of the employee.

March issue in PDF format Image

March issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

Equitable Subordination Attacks on Secured Lenders Image

Equitable Subordination Attacks on Secured Lenders

Alan M. Christenfeld & Barbara Goodstein

This article discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.

What's New in the Law Image

What's New in the Law

Robert W. Ihne

Highlights of the latest equipment leasing law.

Features

Leasing Wind Power Facilities: A New Reality Image

Leasing Wind Power Facilities: A New Reality

David G. Mayer & Joel Bannister

Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.

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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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