In the preference avoidance context, the insolvency of the debtor is an element of the prima facie case that is not commonly litigated. When it is litigated, however, the scope of a debtor's liabilities can make or break the case.
The United States Court of Appeals for the Second Circuit "clarified certain aspects of [its] false advertising jurisprudence" and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act. Merck Eprova AG v. Gnosis S.p.A.
When the European Union's highest court, the European Court of Justice, handed down a controversial landmark ruling in a matter commonly referred to as the "right to be forgotten" case, it sent ripples that impact online privacy in the United States.
If you ask 10 attorneys what the goals of their PR efforts are, you would get 10 different answers. Here's how to coordinate and implement a workable program to the advantage of your firm.
For the third time in as many months, Sirius XM lost a court ruling over the issue of pre-1972 sound recordings. In a decision that further upsets the status quo for the music and copyright worlds, a federal judge in New York ruled that the owners of pre-1972 sound recordings have performance rights to their records, and that Sirius XM therefore infringed copyrights.
When a client seeks representation on an equity joint venture, there are eight primary structural considerations that provide the framework for documenting the venture: 1) initial capital contributions; 2) future capital needs; 3) cash distribution waterfall; 4) governance; 5) transfers; 6) exit rights; 7) restrictive covenants; and 8) affiliate transactions.
Several topics of interest to med mal practitioners are discussed.
Data breaches at Target, Home Depot, Neiman Marcus and P.F. Chang's are front-page reminders of the vulnerability of customer payment information in the retail sector. In Wyndham Worldwide, the FTC brought suit claiming that a franchisor's alleged failures to maintain reasonable security measures constituted unfair and deceptive practices under Section 5 of the FTC Act.
Commentary and analysis of several key rulings.
Analysis of a case in which a restitution bid failed in wire fraud involving Kyrgyzstan.
