Two pivotal cases are discussed.
- November 30, 2014ljnstaff | Law Journal Newsletters |
A look at med mal-related legislation in New York and California.
November 30, 2014ALM Staff | Law Journal Newsletters |Companies that use captive insurance companies to manage risk are increasingly being victimized by excess insurance companies and reinsurers that participate in their insurance programs. But captives and their owners can proactively avoid some of these common pitfalls.
November 30, 2014John N. Ellison and Luke E. DebevecGiven that lawyers are not sales professionals and only spend a small amount of their time focused on business development, and given that they already have a full-time job, it's important to keep the business development approach as simple as possible. Some ideas related to keeping it simple follow:
November 30, 2014Bruce AlltopIn 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.
November 30, 2014Aram Ordubegian and M. Douglas FlahautThe 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.
November 30, 2014Bruce ColbathWhen 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.
November 30, 2014Andre Bywater and Jonathan ArmstrongIf 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.
November 30, 2014John Hellerman and John FordFor 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.
November 30, 2014Lisa ShuchmanWhen 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.
November 30, 2014Matthew Churchill and Allain Andry

