Reimbursement of Advance Benefits
Insurance companies are often required to decide whether to pay benefits under the policy before sufficient information is known about the claim to determine whether there will ultimately be coverage. So, what happens if it is later discovered that payments were made for non-covered claims?
Update on <i>Authors Guild v. Google Books</i>
Some commentators think the U.S. Court of Appeals for the Second Circuit has already signaled its approval, albeit indirectly, of Google Inc.'s effort to digitize the world's books. After seven years of crusading against Google's book project, the Authors Guild has tapped a new legal team and asked the court for a straight answer.
Columns & Departments
Bit Parts
Copyright Infringement Damages Not Dischargeable in Bankruptcy <br>Verbal Partnership May Have Existed to Develop MSNBC's <i>The Ed Show</i>
Features
Enhance Your Firm's Compensation System
A list of compensation criteria that are considered by most firms when setting partner compensation.
Features
Mob Wives Star's Suit Sparks New Look at NY Publicity Rights
Earlier this year, former <i> Mob Wives</i> TV star Karen Gravano filed a right-of-publicity lawsuit against the makers of the <i>Grand Theft Auto V</i> video game, claiming they misappropriated her image and life story for a character in the popular video game. This case is one more in a string of recent cases raising a significant common question: To what extent does the law protect the rights of content creators to draw on real-life individuals and events to create expressive works?
Client Interviews
Executed properly, an effective interview is an outstanding approach to strengthening a firm's relationship with a particular client.
Features
Turbulence Continues in 'Safe Harbors '
Discussion of recent decision in the Lehman Chapter 11 case and how it affects your practice area.
Features
Consumer Groups Decry FCC's Net Neutrality Proposal
Consumer advocates reacted with dismay to reports that the FCC plans to allow Internet service providers to charge companies a toll for faster access, while FCC Chairman Tom Wheeler defended the proposed rules as consistent with the underlying goals of net neutrality.
Leases Accounting Project
Following their recent meetings in March, the FASB and IASB remain at odds on the key issue of how lessees should account for all leases once they are recognized on a balance sheet.
Features
S. Ct. Limits Restitution for Child Pornography Victims
A divided U.S. Supreme Court on April 23 limited the amount of restitution due to child pornography victims whose images are viewed by thousands over the Internet.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›