Court Watch
Highlights of the latest franchising cases from around the country.
<b>Decision of Note:</b> No Jurisdiction over E-Book Uploader
The U.S. District Court for the Southern District of New York dismissed Penguin Group's copyright infringement claims against American Buddha, a nonprofit that makes hundreds of books available for free, including four titles by Penguin.
Tackling Tax Planning Issues of Nonresident Alien Artists
One of the challenging areas of income tax planning is working on behalf of nonresident alien (NRA) performing and creative artists. Integrating the typical rules of the Internal Revenue Code that apply to U.S. income tax residents with what might apply to a NRA coming to work in the United States, as a result of their specific facts and circumstances and applicable tax treaties, can be a confusing maze.
Features
Ohio's Revised Franchise Code Now in Effect
Amendments to the Ohio Business Opportunity Law went into effect a few months ago, offering what franchise attorneys are calling a balanced approach that improves pre-sale disclosures to protect franchisees but also gives franchisors greater protection from lawsuits that cite minor, technical violations of the state's rules.
Columns & Departments
Landlord & Tenant
Professional analysis of several recent rulings of importance.
Columns & Departments
Eminent Domain Law
An in-depth look at a condemnation proceeding.
What's the Big (Data) Deal?
In our increasingly data-intensive world, Big Data is proclaimed by its proponents as bringing about a new era of innovation and economic growth. But as increasingly large amounts of data are collected, stored and analyzed about individuals, privacy advocates have also raised concerns that Big Data may endanger, if not end, personal privacy.
Columns & Departments
Cooperatives & Condominiums
Discussion of two major rulings.
How Much Deference Do Zoning Ordinances Deserve?
To what extent can a municipality's zoning ordinance distinguish among commercial enterprises, and what evidence must a municipality produce to justify distinctions among commercial enterprises?
Features
International e-Commerce and e-Discovery
This article focuses on the conflict between U.S. and EU discovery procedures, and offers some useful and practical advice for U.S. litigants who may face uncertain territory when seeking discovery abroad.
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
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and DivorceMost divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection with the implementation of the marital settlement agreement or divorce.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
