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
- Blockchain Domains: New Developments for Brand OwnersBlockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›
- Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front LinesAlthough pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.Read More ›
- The Cold War Between NCAA And States Over Athletes' NILsOver the past four years, the NCAA aggressively lobbied Congress to pass a uniform NIL standard. Roughly a dozen bills have been sponsored by Democrats and Republicans alike, though none has ever advanced to a vote. Consequently, it appears increasingly likely that the courts will be called upon once again to intervene.Read More ›
- When Is a Promise Enough?: Contractual Duties and Insider TradingTwo criminal appeals before the Second Circuit require the Court of Appeals to decide whether the violation of a fiduciary relationship is required to create insider trading liability or if a breach of contract is sufficient.Read More ›