Sirius XM Lawyers' Blunder in Pre-1972 Recordings Case
December 31, 2014
Soon after swooping in to represent Sirius XM Radio in potentially industry-shaking copyright litigation, O'Melveny & Myers suffered a nasty setback when a judge ruled that newly cited precedent trumpeted by the firm had been overruled 60 years ago.
Electronic Health Records
December 31, 2014
Patients who remain in an integrated Electronic Health Record (EHR) system benefit from better access to integrated medical information across specialties and locations. However, full benefits are not seen in all cases where such systems have been implemented.
Are Franchisors 'Employers'?
December 31, 2014
The franchise agreement almost always contains a clause specifying that the franchisee is an independent contractor and that the franchisor and franchisee are not intending to create an employment relationship. But a number of recent decisions from around the country have raised the question: Is a franchisee really an employee of the franchisor, despite the written disclaimer in the franchise agreement?
The Enforceability of No-Waiver Provisions in Commercial Leases
December 31, 2014
When faced with the argument that it has violated its lease, a commercial tenant often takes the position that the landlord, by its conduct and/or inaction, has waived such alleged breach. Anticipating such arguments, commercial landlords frequently insert "no waiver" provisions into their leases.
When Does 'Voluntary Payment' Preclude Recovery of Overcharges?
December 31, 2014
When a tenant erroneously pays more rent than a lease requires, can the tenant recover the amount of the excess payments? Answering that question requires exploration of the perplexing voluntary payment doctrine, which continues to rear its head in New York cases.
Security Interests In Railcars
December 31, 2014
The railcar leasing industry in Canada and throughout North America has seen remarkable growth in recent years. The aging and gradual failure of current fleets of railcars, the desire to implement newer technology and the introduction of regulations that require the replacement of tank cars or retrofitting means that railcar leasing activities will continue to increase in coming years. This article provides an overview of the process for registering security interests over railcars in Canada, which is similar in many respects to the process for registering railcar security interests with the Surface Transportation Board in the United States. We also outline several considerations of which to be mindful when registering security interests over railcars in Canada.
Drafting Considerations for Parenting Plans
December 31, 2014
While attorneys and the courts look to parenting plan provisions to alleviate tension and provide a mechanism by which to assist parties in operating on a daily basis, missed parenting plan provisions, or ambiguous ones, can lead to confusion and conflict between parents down the road.
When Your Data Goes Viral: Insurance for Data Breaches
December 31, 2014
Data breaches are part of the technological age. Indeed, 2013 was dubbed the year of the "mega breach," and in 2014, as of October, there had been 621 publicly reported data breaches, exposing 77,890,487 records. In early October 2014, JPMorgan Chase reported a data breach affecting as many as 76 million households and 7 million small businesses, making it one of the largest data breaches ever reported.
In the Courts
December 31, 2014
In-depth discussion of a case in which investors won a Madoff 'fictitious profits' appeal.
Decisions of Interest
December 31, 2014
Analysis of key rulings of important to New York family law practitioners.
