The Video Sites They Are A-Changing
October 30, 2006
The last few weeks have witnessed further evolution of the world of user-upload sites. MySpace.com and YouTube.com were once youthful rebels; their founders were young, their audience was predominantly under 30. These sites allowed youngsters to post their own video material. This, in turn, enraged copyright holders, because some of the postings used (and sometimes were in entirety) copyrighted material, taken without permission.
Litigation
October 30, 2006
Recent rulings of importance to you and your practice.
Data Mining
October 30, 2006
The first part of this article discussed the importance and focus of data retrieval in matrimonial actions and the parameters of data mining. The conclusion herein addresses privacy concerns, the impact of e-mail, and the costs of data retrieval.
Marital Misconduct and Alimony
October 30, 2006
Decisional law in New Jersey has long expressed the view that alimony is neither a punishment for the payor nor a reward for the payee. <i>Aronson v. Aronson</i>, 245 N.J. Super. 354, 364 (App. Div.1991). Rather, it is an economic right that arises out of the marital relationship that provides a dependent spouse with a level of support and standard of living commensurate with the quality of economic life that existed during the marriage. <i>Stiffler v. Stiffler</i>, 304 N.J. Super 96, 99 (Ch. Div.1997) (quoting <i>Koelble v. Koelble</i>, 261 N.J. Super. 190, 192-93 (App. Div. 1992)).
The Importance of <i>Wa</i> When Doing Business in Japan
October 30, 2006
Volumes have been written on the supposed non-litigious nature of the Japanese, usually citing statistics showing there are hundreds of times fewer attorneys and lawsuits per capita in Japan as compared to the U.S. These statistics are generally misleading because they fail to take into account the structure of the Japanese court system itself, which presents significant barriers for litigants. <br>This article focuses on two aspects of Japanese culture that noticeably affect the Japanese approach to business relationships. First, the Japanese insistence on preserving harmony as evidenced by consensus decision-making, avoidance of confrontation and attention to formalities of rank and seniority. Second, the importance of mutual trust to the business relationship as evidenced by the emphasis on non-business discussions.
'Equitable Paternity'
October 30, 2006
He who acts like a father is a father ' at least legally, even if not biologically. New York's highest court, the Court of Appeals, concluded this in a recent ruling, imposing 'equitable paternity' on a man who wrongly assumed he had fathered a daughter and acted accordingly.
State Ruling May Have National Impact
October 30, 2006
On March 27, 2006, the Superior Court of New Jersey, Appellate Division decided a case that may have national implications because it involved federal law. <i>Pryce v. Scharff</i>, 384 N.J. Super. 197, 894 A.2d 668 (2006). Although this opinion went fairly unnoticed in the matrimonial community, its impact upon current and future litigation promises to be profound. To summarize briefly, the <i>Pryce</i> case involved the issue of whether overdue child support judgments should be subject to post-judgment interest. After reviewing the federal and state statutes and the current New Jersey Court Rules, the Appellate Division ruled in the affirmative.
News Briefs
October 30, 2006
Highlights of the latest franchising news from around the country.
Court Watch
October 30, 2006
Highlights of the latest franchising cases from around the country.
Competitive Intelligence: A Tool for In-house Counsel
October 30, 2006
Competitive Intelligence has long been used by corporate America to analyze trends, client feedback, and marketing strategies to get an edge. It's the newest buzzword among law firms to win more market share and retain clients. But it's barely a whisper in law departments, at least when it comes to selecting outside counsel.