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  • When was the last time your client presented a marital asset of equity in an operating company that also held real estate? There is some risk that an unsophisticated appraiser or accountant may have undervalued or overvalued the equity, to your potential detriment in representing your client.

    October 01, 2016Rob Schlegel, Wayne Baer and Ethan Buchman
  • Federal Circuit: Actual Controversy Existed When Patent Owner Did Not Know Existence of Specific Products
    Federal Circuit Upholds Prosecution Estoppel Determination

    October 01, 2016Howard J. Shire and Jessica Cohen Nowak
  • Discussion of a case wherein a co-op shareholder sought an order directing the co-op corporation to approve the sale of her shares.

    October 01, 2016
  • In-depth discussion of several major rulings.

    October 01, 2016
  • This article is the second in a two-part series exploring state law limitations on various methods of financing solar equipment. It explores the laws in various states related to solar leases and the differences between solar leases and PPAs, as well as the implications of such laws on the financing industry and its customers.

    October 01, 2016Jennifer L. Howard and Kenneth P. Weinberg
  • The federal government engages in certain tactics to reduce the effort associated with white-collar criminal litigation. Among the most criticized are the government's efforts to pressure corporations to waive the attorney-client privilege or work-product protection.

    October 01, 2016Jonathan Bick
  • New York Attorney General Eric Schneiderman had declared online fantasy sports a form of illegal gambling, ordering industry giants DraftKings and FanDuel to shut down operations in a state that generated about 10% of the companies' revenues. The companies countered by suing. Then, faced with enormous legal costs, the companies chose a second course of action. They would pursue state legislation to legitimize their operations while offering consumer protection language ' and a cut in revenues ' in return.

    October 01, 2016Cheryl Miller
  • In a recent U.S. Eastern District decision, the court compelled arbitration of a dispute based on language contained in the Terms of Use on an Internet access provider's website. The language contained an operative arbitration clause that the court found binding on the plaintiffs. Plaintiffs claimed the clause was not apparent to them and therefore they never provided any consent to arbitrate.

    October 01, 2016Bruce A. Langer