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Features
When does the insurer have the 'right' to be represented by defense counsel chosen by the insured and paid by the insurance carrier arise in New York? Who gets to choose? What does "independent" mean? The right answer to each of these questions is, "It depends."
Features
This article provides an overview of some of the seminal research articles in the area of the economic consequences of divorce, and an individualized framework for assessing the possible consequences of divorce for a particular person.
In a 129-page opinion, the Eleventh Circuit Court of Appeals has provided a detailed analysis of the "fair use" defense under the Copyright Act, as applied to digital course materials offered by a public university.
Analysis of a ruling in which vacating adoptions was denied.
Columns & Departments
Complaint States Direct Infringement Claim Against Fan Websites Operator<br> Direct Seller WWE Wins <i>Ex Parte</i> Order for Stopping Merchandise Counterfeiters
The authors shares what he has learned since hestarted blogging 10 years ago. Using the tactics described in this article, his blog has gotten 1.2 million visits. And that's not all.
Features
One of the areas in which criminal and matrimonial law collide is in wiretap and eavesdropping laws. Not only are many matrimonial laws state-specific as to statute and judicial interpretation, but the various wiretap and eavesdropping laws throughout the nation are similarly disjointed. This article focuses on some of the larger states and discusses certain controversial areas.
Features
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
Historically, a defendant would become obligated to pay the full amount of a personal injury judgment in a lump sum as soon as the judgment was entered. In 1985, New York enacted a Periodic Payment of Judgments Act as part of the State's effort at tort reform.
Features
A "structured dismissal" of a Chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common. However, only a handful of rulings have been issued on the subject...