Features
The Battle of the Experts
When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.
Circuit Court Says U.S. Tort Claims Must State Damages in 'Sum Certain'
In a case that did not involve a medical malpractice allegation but that could affect the prosecution of cases against the United States for botched medical care, the U.S. Court of Appeals for the Third Circuit recently held that a lawsuit could not go forward until a "sum certain" in damages was alleged.
Hedge Fund Founder's Ex-Wife Files Suit Accusing Him of Insider Trading
The ex-wife of Wall Street magnate Steven Cohen, founder of the $13 billion hedge fund SAC Capital Advisors, filed a civil racketeering suit in December 2009 against Cohen in which she accuses him of committing insider trading violations.
Features
Trusts and Divorce
The first part of this article addressed the Traditional Heir's Trust and Basic Insurance Trust. The conclusion herein discusses the Generation Skipping Trust (GST) Trust, Grantor Trust and Beneficiary Defective Trust.
Features
Fourth Quarter e-Commerce Spending Up
Estimated U.S. retail e-commerce last year was 2% more than in 2008, while total retail sales fell 7% from 2008, the Census Bureau said last month.
Same-Sex Spousal Benefits
<i>Godfrey v. Spano</i>, decided in November 2009, afforded the court an opportunity to resolve the question of whether same-sex marriages that are valid where performed are entitled to full legal recognition in New York under the marriage recognition rule.
When Does a Nonemployee Spouse Have a Right to the Employee's Retirement Accumulation?
In the first part of this article, published in December, we outlined the statutory spousal protection provisions that apply to employee pension and profit-sharing plans governed by ERISA. The article herein concludes the discussion.
Real Property Law
In-depth analysis of key decisions you need to know.
Features
Landlord & Tenant
Key decisions that affect your practice.
Features
The 'New and Improved' FTC?
A broad survey of Federal Trade Commission ("FTC") actions and appointments throughout 2009 reveals priorities in enforcement efforts. For instance, the FTC initiated what some observers characterize as fundamental changes to its previous modus operandi ' changes that mark a more proactive approach on several fronts.
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 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›