Features
Revisiting Allocation of Basis Issues
The courts have taken varying approaches to determining the basis of stock that is received by an insurance policyholder in exchange for the policyholder's surrender of membership rights in a mutual insurance company, in a "demutualization" transaction. While this may seem to be a narrow and abstruse question, the approaches taken by the courts may have application in other areas of the tax law affecting analogous transactions.
Features
The Product Liability Landscape for Furniture Users, Manufacturers and Sellers
Homes are full of products that have been the subject of litigation, the focus of standards and the target of Consumer Product Safety Commission (CPSC) investigations. The focus on furniture safety and liability present special challenges for manufacturers and sellers.
Wage and Hour Red Flags
Last month, we discussed the fact that many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. We conclude herein with points 9 through 16.
Features
Alienation Dynamics
Alienation dynamics that are purported to operate within a separating and divorcing family are among the most common allegations in child custody litigation. In this article, we discuss the scientific basis of the concept of "alienation" and provide a road map for direct and cross-examination of expert witness testimony.
Features
Preparing for a Data Breach with Cyber Insurance
Data breaches continue to escalate and garner national attention. The most recent news-making incident was the hack of electronic toy maker, VTech.
Columns & Departments
<b><i>At the Intersection: </i></b>Wishin' and Hopin' and Sittin' on Your Hands
What if you invented a better mousetrap, but the world didn't beat a path to your door? What if you developed a promising new medicine for a troubling condition, but when the doctor prescribed it, the patient refused to take it, simply sticking it in the desk drawer while continuing to complain about the malady?
Features
Ins and Outs of Group Registration Of Photographs
An important part of a professional photographer's life, and that of a photographer's attorney, is protecting the intellectual property produced by that photographer. Many photographers properly compile photographs from unrelated sources and register the photographs in an effort to protect their property rights in the images. Group registration of those images has enabled a much more efficient registration process, but does registration provide the statutory damage protections one might assume should be available?
Protecting Your Company's Data from Security Breaches
This article explores some steps counsel can take to protect their organizations from a data breach, and how counsel can proactively help to mitigate any adverse impact in the unfortunate event a data breach occurs.
Consent to Assignment Clauses
Last month in Part One of this article, we discussed the fact that most insurance policies contain anti-assignment provisions, purporting to prohibit the assignment of interests in the policy without the insurer's consent. We conclude the discussion herein.
Columns & Departments
Landlord & Tenant
In-depth analysis of two key rulings.
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