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May 29, 2008

In this rather odd sentencing case, the Eighth Circuit trashed the restitution order that had been imposed by the District Court for the District of North Dakota on janitorial supervisor James A. Chalupnik. <i>United States v. Chalupnik,</i> 2008 WL 268997 (8th Cir. Feb. 1, 2008). Here's a discussion of the case.

Enforcement Issues Raised By Geographically Descriptive Marks

May 29, 2008

How do famous, but geographically descriptive, trademarks impact the ability of second-comers to trade off the fame of the location? A look at a recent ruling on this issue.

Decisions of Interest

May 29, 2008

Recent rulings of importance to you and your practice.

NJ & CT News

May 29, 2008

What's happening in neighboring states.

The Marital Residence

May 29, 2008

Crucial to any division of the marital residence (or other assets) is an understanding of the tax consequences attendant thereto. Unfortunately, relevant tax issues are at times not addressed by the parties or the court, resulting in further litigation over the allocation of tax debt.

Hearsay Evidence in Custody Cases

May 29, 2008

The rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases, especially where the custodial parent frequently remarries or lives with a new partner. Understanding the rule and its implications is critical to the effective representation of a client in a custody matter.

Psychological Fundamentals of Aggressive Custody Litigation

May 29, 2008

When child custody is contested, there are times when aggressive litigation is unavoidable. In such circumstances, how one approaches the litigation can vary substantially from case to case and from attorney to attorney.

Verdicts

May 29, 2008

Recent rulings of interest to you and your practice.

Drug & Device News

May 29, 2008

Recent developments in this key arena.

Med Mal News

May 29, 2008

The latest news you need to know.

MOST POPULAR STORIES

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.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This 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.
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Cooperatives & Condominiums
In-depth analysis of recent rulings.
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Is Electricity a 'Good' Under Article 9?
Can a creditor obtain a security interest in electricity under UCC Article 9? It covers security interests in fixtures and personal property. Clearly, electricity is not real property or a fixture. But what kind of personal property is it?
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