Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Read More › Features
Franchise Compliance
Evan Hackel, CFE
Every franchise system chief executive encounters situations in which a franchisee has a good reason for not complying with a rule, or in which the infraction is fairly minor. But how can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
Features
Joint Defense Agreement Considerations in NPE Patent Litigation
James W. Soong
Accused infringers in patent litigation, especially against non-practicing entities (NPEs), often form joint defense groups to defend against common claims brought in one or more actions. A written agreement of the joint defense group can make plain the respective rights and obligations of each group member and evidence to the court a requisite alignment of common interest underpinning the group. The following is a selection of relevant considerations to support productive group interaction through appropriate provision in the joint defense agreement.
Features
e-Mail Signature Ruled Valid To Enforce Settlement
Joel Stashenko
Signing an e-mail attesting to the substance of a negotiated agreement with the typed name of the sender constitutes a binding and enforceable stipulation of the settlement under CPLR 2104, a New York state appeals panel ruled.
Features
<b><i>Online Extra</b></i> Court Approves Facebook Class Settlement, Shaves Attorney Fees
Chelsea Allison
In a long-awaited conclusion to Facebook's "Sponsored Stories" class action saga, a federal judge gave final approval to a $20 million settlement on August 26 but took an axe to the $7.5 million in fees requested by plaintiffs attorneys.
Features
<b><i>Online Extra</b></i> Sirius XM Sued Over Pre-1972 Royalties
Zoe Tillman
Music copyright lawyers: Don't touch that dial. Nonprofit SoundExchange Inc., which collects and distributes digital performance royalties and distributes them to artists and copyright owners, filed a lawsuit on Aug. 26 accusing Sirius XM Radio Inc. of underpaying.
Features
Preemption and Generic Drug Liability
Alan Minsk
&
Kelley Nduom
Recent cases attempt to further explain courts' interpretations of preemption principles in the context of generic drug labeling and liability. It is further evidence that each case is fact-based, and the final chapter in this area likely has not yet been written.
Features
Practice Tip: Constitutional Standing, Numerosity, and the Beer Drinker's Burden
Andrew Tuck
The first part of this article explained the background behind lawsuits alleging that Anheuser-Busch InBev is "watering down" its beer, and that consumers can purportedly bring a class action against the company in federal court. The discussion concludes herein.
Recent Developments Since <i>Pliva v. Mensing</i>
Joseph G. Falcone
&
Michael R. Kelly
In <I>PLIVA v. Mensing</I>, a 5-4 majority of the Supreme Court held that federal regulations applicable to generic pharmaceuticals preempt state law claims alleging that the manufacturers failed to warn consumers of the drug's risks.
Columns & Departments
Real Property Law
ALM Staff
&
Law Journal Newsletters
A look at several important rulings.
Columns & Departments
Landlord & Tenant
ALM Staff
&
Law Journal Newsletters
A look at several recent rulings.
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