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Features

Analyzing Advertiser Liability for Blogger Reviews

Ronald R. Urbach, Edward Kabak & Matthew E. Smith

This holiday shopping season, millions of Americans will look to their social media friends or favorite bloggers for advice when deciding which gifts to buy. And with over 42 million blog sites in the United States alone, there are plenty of "peer" opinions to consider. But are consumer-generated product-related reviews or commentary always the mere opinion of the person posting them, as many readers may believe?

Features

Over-Secured Lenders and Requests for Attorneys' Fees

Mark A. McDermott & Christine A. Okike

The United States Court of Appeals for the Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.

Features

Abercrombie and Title VII's Broad Definition of Religion

Debbie Kaminer

The U.S. Supreme Court recently granted <i>certiorari</i> in a religious accommodation case involving a Muslim teenager who was denied a job at an Abercrombie &amp; Fitch store because she wore a black headscarf, or hijab, to her job interview.

Features

In the Spotlight: Rights of First Offer

Adam Walsh

As the competition to clear vacancies escalates in many office leasing markets, more prospective tenants are able to extract concessions that were once only the province of larger users. This article discusses one of those concessions ' the "right of first offer" or "ROFO."

Columns & Departments

Court Watch

Charles G. Miller, Darryl A. Hart

California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine

Features

End-of-Life Nursing Care

Linda Norlander

Medical malpractice suits involving nurses who are caring for patients at the end of life are rare. However, they can occur. Nurses can protect themselves by understanding the needs of patients and families at this critical time, by following approved standards of care and by thoroughly documenting their work.

Features

The Settlement Privilege and the Threat of Legal Action

Stanley S. Arkin & Lisa C. Solbakken

Is there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege? This article explores the question.

Features

Good Faith: The European View

Mark Abell & Beata Krakus

In May of this year, we published an article titled "Franchise Agreements and the Duty of Good Faith In European Civil Law," the first part of this two-part study. The discussion concludes herein.

Features

Anti-Assignment Clause?

Steven B. Smith & Dana Gale Hefter

The commencement of a Chapter 11 bankruptcy case by a tenant will typically give rise to myriad issues and challenges for a commercial landlord, based upon various Bankruptcy Code provisions that may, and often will, change the parties' otherwise applicable rights and obligations pursuant to the terms of the lease and applicable non-bankruptcy law.

Internet Copyright Infringement: An Emerging White-Collar Crime

Jonathan Bick

Both white collar criminal prosecution and civil remedies thwart the unauthorized use of copyrighted material. Traditionally, injunctions and damages are more commonly used than criminal prosecution to frustrate infringements. However, the increasing use of the Internet for infringement activities makes criminal sanctions a better deterrent than traditional civil actions, thus Internet copyright infringement is emerging as a white-collar crime.

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