Index
December 21, 2007
Everything contained in this issue, in an easy-to-read format.
Yellowstone Injunctions Not Automatic
December 21, 2007
A <i>Yellowstone</i> injunction allows a tenant that has been served with a notice to cure an alleged lease default to litigate in Supreme Court whether or not there has been a default, without the risk of losing the lease if the court finds a default. The injunction tolls the running of the tenant's time to cure the alleged default. So, even if there is a determination at the end of the lawsuit adverse to the tenant, the tenant still has time to cure and save the lease.
In the Courts
December 21, 2007
A look at interesting litigation.
Qui Tam Claims and Derivative Actions
December 21, 2007
'Parallel proceedings' is a term with which white-collar criminal defense lawyers and in-house counsel are very familiar. It describes the private civil actions that often are concurrently filed when a criminal investigation or charges are disclosed. The civil impact of criminal investigations and prosecutions begin and continue long after resolution of the criminal case. Indeed, once the corporation's alleged fraudulent actions or resulting settlement become public knowledge, often it is only a matter of time before an action is filed against its officers and directors.
The Evolving Rules Governing the Use of Investigators
December 21, 2007
Most attorneys involved in the investigation or defense of complex business crimes will turn to private investigators to assist them in developing the facts. Given the breadth and nature of many modern criminal investigations, the use of private investigators is almost becoming a necessity. Yet many basic rules governing their use are unclear or in flux, especially when it comes to monitoring or gathering electronic information.
Equity and Relief from Joint Return Liabilities
December 21, 2007
In the first part of this article, the author discussed the availability of relief for a taxpayer from liability for tax on a joint return that results from his or her spouse's errors or omissions, focusing on the equitable catch-all provided in IRC ' 6015(f). In December 2006, Congress amended the statute explicitly to provide for Tax Court review of IRS determinations not to grant relief under ' 6015(f). Now, the author considers how the Tax Court evaluates these claims in relation to the position of the IRS.
Cameo Clips
December 21, 2007
COPYRIGHT INFRINGEMENT/ACCESS, SIMILARITIES<br>TV PROGRAM AGREEMENT/VIABILITY OF FRAUD CLAIM
Video-Game Suit Explores Use of Wrestling Indicia
December 21, 2007
Still, there are heavyweight intellectual-property matters and then there are battles against real heavyweights. In one of Marenberg's current videogame trademark cases, the slim fivefoot-eight-inch Irell & Manella partner Steven Marenberg's client list includes a long list of Hollywood heavyweights. Pop songster Stevie Wonder, 'The Lord of the Rings' film director Peter Jackson, The Walt Disney Company, the wizards at Pixar Animation Studios ' the 52-year-old Marenberg has represented them all. Marenberg is up against a six-foot-three-inch, 300-pound former professional wrestling bruiser known as the Warrior. Until three years ago, Marenberg had never heard of the Warrior and knew nothing of his exploits during the 1990s as one of World Wrestling Entertainment's (WWE) premier stars.
