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An Insured's 'Right' to Independent Counsel In New York
November 30, 2014
When does the insurer have the 'right' to be represented by defense counsel chosen by the insured and paid by the insurance carrier arise in New York? Who gets to choose? What does "independent" mean? The right answer to each of these questions is, "It depends."
Defining Protected Activity Under SOX
November 30, 2014
In <I>Nielsen v. AECOM Technology</I>, the Second Circuit became the latest circuit to hold that employees need not "definitively and specifically" identify a particular securities law or category of fraud in order to be protected from retaliation. This is a significant victory for employees.
The EconomicConsequences of Divorce
November 30, 2014
This article provides an overview of some of the seminal research articles in the area of the economic consequences of divorce, and an individualized framework for assessing the possible consequences of divorce for a particular person.
Eleventh Circuit Sets Parameters of Fair Use Defense
November 30, 2014
In a 129-page opinion, the Eleventh Circuit Court of Appeals has provided a detailed analysis of the "fair use" defense under the Copyright Act, as applied to digital course materials offered by a public university.
Decisions of Interest
November 30, 2014
Analysis of a ruling in which vacating adoptions was denied.
Bit Parts
November 30, 2014
Complaint States Direct Infringement Claim Against Fan Websites Operator<br> Direct Seller WWE Wins <i>Ex Parte</i> Order for Stopping Merchandise Counterfeiters
Transforming Your Website Visitors into New Clients
November 30, 2014
The authors shares what he has learned since hestarted blogging 10 years ago. Using the tactics described in this article, his blog has gotten 1.2 million visits. And that's not all.
The Case Against Native Application Review of e-Mail
November 30, 2014
Cost conscious lawyers and clients sometimes choose to conduct pre-production review of client e-mail in a native e-mail application. Their goal is to cut e-discovery costs by avoiding the data processing and data hosting fees associated with using a dedicated EDD database review tool. Unfortunately, native application review brings with it risks of spoliation and malware infection.
Landlord & Tenant
November 30, 2014
Two pivotal cases are discussed.
Stop and Look Before You Listen!
November 30, 2014
One of the areas in which criminal and matrimonial law collide is in wiretap and eavesdropping laws. Not only are many matrimonial laws state-specific as to statute and judicial interpretation, but the various wiretap and eavesdropping laws throughout the nation are similarly disjointed. This article focuses on some of the larger states and discusses certain controversial areas.

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