Imputed Income: A Look at What Courts Find Persuasive
September 02, 2014
In Part One of this article, we looked at some of the factors courts use in determining whether to impute income to a divorcing spouse, and how much. But one of the most powerful influences on a court's decision to impute income may be its suspicion that a party simply is not being as forthcoming with the truth as he or she should be.
College Players Win Antitrust Suit Against NCAA
September 02, 2014
The U.S. District Court for the Northern District of California ordered the NCAA to pay top college football and basketball players the full cost of their education, plus up to $5,000 a year in broadcast and video game licensing in finding in favor of the athletes in their class action antitrust suit.
Verdicts
September 02, 2014
Analysis of key cases.
In the Spotlight: SNDAs: Insights From the Lender Side
September 02, 2014
This article highlights the issues and concerns that a lender faces when determining whether to require a separate subordination agreement ' typically, a Subordination, Non-Disturbance and Attornment Agreement or a SNDA ' and in negotiating a SNDA with the tenant.
Lessons to be Learned from the European View of Good Faith
September 02, 2014
The concept of good faith is firmly established in the civil law jurisdiction of the European Union (EU), although it manifests itself in different forms in each of them, despite the influence of both the German and French law.
Evolution of the Patent Infringement Safe Harbor
September 02, 2014
Since its enactment in 1984, the scope of the "safe harbor" provision of the patent code has been in flux. The provision is intended to exempt from infringement certain acts related to the development of drugs and medical devices that are subject to FDA regulatory approval, to enable competitors to immediately enter the market upon patent expiration. However, the contours and boundaries of the safe harbor have been a consistent source of controversy in the courts.
<i>Professional Development</i>: Training Effectiveness
September 02, 2014
The best training programs produce desired behavior change in lawyers. If they were not comfortable with asking for new work before, now they are. If they never created a business development plan and followed it, now most of them will.
Unfinished Business Claims
September 02, 2014
This two-part article describes recent developments with respect to unfinished business claims, discusses the implications that those cases may have on law firm partnerships, and provides some suggestions as to what law firms may do to avoid unfinished business claim litigation.
Cost Savings As a Risk Management Strategy
September 02, 2014
Since the active use of the term <i>risk management</i>, perhaps sometime in the 1980s, I have thought of the confluence of <i>risk</i> and <i>management</i> as an oxymoron.