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Litigation
Recent rulings of importance to you and your practice.
Features
Current Trends in Long-Arm Jurisdiction
Particularly in these times when many people have had to travel out of state just to become or remain employed, an important but overlooked aspect of matrimonial law practice remains personal jurisdiction.
Features
The Rights to Pre-Embryos Upon Divorce
While courts have failed to recognize a property interest in a person's body parts or tissue, they have, through recent litigation, attempted to answer the question whether to classify pre-embryos ' a particular configuration of human cells, which are created during a marriage ' as marital property.
Advertising 2010
In these times, it's important to remember that advertising is still a vital tool that firms may use to position and express their brand and message. What better time than now to look ahead to what firms should be considering to use to better position themselves for the coming year and the ultimate rebound?
The Best of MLF 2009: What You Missed!
Excerpts from "The Best of MLF 2009," from January through June.
Features
The CPSIA : One (Difficult) Year Later
Though its enactment in 2008 was well-intentioned, implementation of the CPSIA has been a logistical nightmare ' largely because this far-reaching law was enacted without providing adequate resources to the CPSC to enforce it or giving sufficient forethought to its implications for the affected businesses.
Features
Practice Tip: The Economic Loss Rule
A relative youngster in terms of legal doctrines, the Economic Loss Rule has quickly gained widespread acceptance in state and federal courts. First recognized by California in 1965, it has now been endorsed in some form by the U.S. Supreme Court and nearly every state.
Features
Climate Change and Global Warming
This article examines four avenues for addressing the problems of climate change and global warming: international diplomacy, litigation, regulatory agency action, and legislation. Various aspects of these avenues impact product manufacturers and, in turn, product liability litigation.
Features
The Evolving Economy and Four Resulting Trends for the Legal Profession
The following is an updated version of an article first published by Blane Prescott, Vice President with Hildebrandt, in the closing months of 2008.
The Worker, Home Ownership and the Business Assistance Act of 2009
President Obama recently signed into law The Worker, Home Ownership and Business Assistance Act of 2009. This article addresses two significant provisions contained in the legislation.
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- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Transfer Tax Implications on Real Property LeasesThe real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.Read More ›
- Issue-Specific Withdrawal of the ReferenceThis article considers the genesis, tendency and scope of the district courts' withdrawals of the reference in some of the more complex proceedings pending today.Read More ›
- The Settlement Privilege and the Threat of Legal ActionPart One of this article considers the issue of when a threat to litigate encased by a settlement demand raises the specter of extortion, and the extent to which a potentially extortionate settlement communication should be outside the scope of the privilege.Read More ›