Features
Decisions of Interest
Rulings of importance to you and your practice.
Ruling Affirms Narrow Reading of 'Parent' in Same-Sex Case
Declining to overrule a 19-year-old precedent, the New York Court of Appeals narrowly held that a same-sex partner who has not adopted her partner's biological child cannot assert visitation rights under New York law.
NY Courts May End Civil Unions Performed Elsewhere
A New York court has the power to decide whether a civil union entered into outside the state should be dissolved, an Albany appeals panel ruled on March 18.
Features
NY's High Court Finds No 'Egregious Conduct'
Although a wife concealed the true paternity of a child born of an adulterous relationship and permitted her husband to incur the costs of raising that child, New York's high court found no "egregious conduct.
New Jersey's Domestic Partnership and Civil Union Acts
Domestic Partnership ("DP") and Civil Union ("CU") Acts have opened the door to various benefits for same-sex couples in New Jersey. Along with the benefits come issues and unanswered financial questions that family law practitioners and financial advisers must consider should the relationship end.
Features
Who Is 'Any Person'Anyway?
The federal government prohibits "any person" from intercepting oral, wire or electronic communications. Federal Wiretapping Act, 18 U.S.C. ' 2511(1). Though "any person" sounds universal enough, the definition of "any person" is complicated by exceptions created by federal circuit courts.
The Rise (and Fall) Of Consumer Fraud Nationwide Class Actions
The use of nationwide class actions as a vehicle for the aggregated resolution of multiple similar claims remains a controversial topic. Here's why.
Features
Practice Tip: The Rules of the Court of Public Opinion
The abundance of media outlets and the 24/7 news cycle they have created, both driving and feeding America's insatiable appetite for up-to-the minute news and gossip ' make it necessary to be prepared to try high-profile cases in the media as well as in court.
Component Parts Manufacturers in the Cross Hairs
A cluster of asbestos-related cases decided in 2009 has resulted in a trilogy of appellate decisions that reveals the key issues that arise in defending parts manufacturers from liability for components manufactured by others.
Leadership Lessons from a Civil War Colonel
Law firm leaders can learn a lot from Col. Joshua Lawrence Chamberlain, an unlikely hero of the Civil War.
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
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›