Features
Lessons to be Learned from the European View of Good Faith
The concept of good faith is firmly established in the civil law jurisdiction of the European Union (EU), although it manifests itself in different forms in each of them, despite the influence of both the German and French law.
The Weinstein Bill: Improved Access to Custody Reports
Assemblywoman Helene has proposed a Bill to create a more fair and uniform approach to New York's chaotic custody problem via amendments to its Domestic Relations Law and Family Court Act. Herein is a discussion of the pros and cons of that Bill.
Features
Using Social Media Content to Defend Employment-Related Lawsuits
The varied nature of the forms of social media content, and the fluid manner in which it changes as users add, revise, and share content, presents complex challenges in the context of discovery. So is social media discoverable?
Columns & Departments
Decisions of Interest
Recent rulings of interest.
Features
Casualty: A Tenant's Perspective
This article examines a tenant's perspective with regard to those topics, and offers certain insights into how a tenant should draft its lease in order to protect itself in the event of a casualty situation.
Features
Courts Shed Light on the Scope of Federal Court Review of Patent Office Decisions Initiating AIA Patent Challenges
The AIA provides that the PTAB's initial decision on whether to institute proceedings "shall be final and nonappealable." But the precise meaning of this provision has already been disputed. Recent decisions have begun to shed light on the scope of review federal courts have on a PTAB initial determination.
Features
Divorce in the Red Zone
As discussed in Parts One and Two of this article, the author suggests the Red Zone concept as a means to explain to divorcing parties the stages of the dissolution process and the actions that should be taken at each. After the Preliminary Conference Red Zone, discussed last month, come the Discovery, Pre-Trial Conference and Trial Red Zones.
Features
New Pregnancy Laws Deliver More Protections for Moms to Be ' Along with Some Challenges for Employers
If there is one thing that is clear, it is that issues relating to pregnant women and nursing mothers are a significant focus of developing law at both the state and federal level. How should employers, especially those with multi-state operations, respond to the recent developments?
Features
Municipalities Have Power to Zone Out Fracking
What limits are there on a New York municipality's exercise of its zoning power? The Court of Appeals recently addressed that question in the context of municipal ordinances banning fracking, but the implications of the case are broader, suggesting that the state legislature must use explicit language to pre-empt local zoning authority.
Columns & Departments
In the News
California Franchise Legislation Advances <br>Franchisor Sued over Use Of Logo Similar to NJ's Garden State Parkway Logo
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›