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Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of several key rulings.

Features

Second Circuit Arguments in Google Books Case Image

Second Circuit Arguments in Google Books Case

Mark Hamblett

Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.

Features

To Settle or Defend Image

To Settle or Defend

Kevin M. Quinley

Apple's iPhone muse and general know-it-all, Siri, can provide a ready answer to nearly any question. Its analytical ability would, however, be sorely taxed by the agonizing decision that physicians must make when facing medical malpractice claims: to defend or empower the insurance company to try to settle?

Connecticut Is Capturing Captive Insurers Image

Connecticut Is Capturing Captive Insurers

Theodore P. Augustinos

As a globally recognized capital of the insurance industry, Connecticut has had a complicated relationship with the industry segment of captive insurers. Recent legislative initiatives, however, have demonstrated the interest of state government in promoting the development of a domestic captive industry, which is growing in importance.

Features

The Territorial Barrier To Commodity Exchange Act Suits Image

The Territorial Barrier To Commodity Exchange Act Suits

David Meister, Boris Bershteyn & Daniel Weinstein

While judicial ink has long been spilled on the extraterritoriality of the securities laws, growing attention is being paid to the overseas reach of the antifraud provisions of the Commodity Exchange Act (CEA).

Features

Balancing the Equities in Municipal Bankruptcies Image

Balancing the Equities in Municipal Bankruptcies

Mark S. Kaufman

When it comes to explaining what has prompted the incidence of financial distress being experienced by an increasing number of our nation's cities, perhaps the most persistent and significant cause is a troubled city's obligations to fund substantial pensions for its employees, both retired as well as its active work force.

Features

More of the New Normal? Image

More of the New Normal?

Carl N. Boccuti

As a result of the decrease in spending during the Recession, there is considerable cash sitting on the sidelines. Yet every year, there has been uncertainty hovering over the markets, preventing prudent companies from opening the cash spigot. So how does it look for 2015?

Features

Google Spars with Internet Users Over Privacy Before Third Circuit Image

Google Spars with Internet Users Over Privacy Before Third Circuit

Saranac Hale Spencer

Cookies are either a benign method for furnishing Internet users with relevant advertising or they are the foundation of a pernicious invasion of privacy, lawyers argued in front of the Third Circuit last month.

Features

A Different Kind of Fee-Shifting Contract Clause Image

A Different Kind of Fee-Shifting Contract Clause

Eric Fishman

Contracts often include a fee-shifting provision based on who ultimately prevails in a lawsuit. This article proposes a different kind of fee-shifting clause, one triggered not by who ultimately prevails in a lawsuit, but by who prevails on certain specified motions that commonly add unnecessary expense and delay to dispute resolution proceedings.

Features

Start Increasing Your 2015 Tax Deduction Now Image

Start Increasing Your 2015 Tax Deduction Now

Gary C. Smith

If your business is like many retail-driven franchises, you have unwanted inventory hogging valuable storage space and putting a drag on your bottom line. The good news is, there is a way to turn that outdated stock into a hefty asset. One that doesn't involve profit-devouring discounts or liquidation hassles. It's called product philanthropy. And for franchises that hold C Corporation status, it's one of the best kept secrets of the IRS tax code.

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