Analyzing Child Custody Reports
August 02, 2014
This is the third installment of a four-part series offering a model for attorneys to use when faced with the task of analyzing a custody assessment.
Is It a 'Cyberattack' or a 'Data-Breach Incident'?
August 02, 2014
This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.
When Is Equity Value Really Zero?
August 02, 2014
In the past few years, we have seen several of our valuation assignments conclude with "zero value," which is hardly pleasing. Not only is this type of opinion stressful, it also contributes to expert and attorney fees where fee containment may be one of the underlying objectives of the clients.
Is Exoneree's Ex-Wife Entitled to Compensation?
August 02, 2014
Steven Phillips spent 25 years in a Texas prison for a crime he did not commit, a miscarriage of justice for which the state of Texas compensated him with millions of dollars. And he will not have to pay $114,459.50 of that money to his ex-wife, thanks to a recent ruling.
New Jersey Manufacturers and Punitive Damages
August 02, 2014
The state of New Jersey is home to the headquarters of 17 of the the top 20 drug-producing companies in the world. An incentive for pharmaceuticals manufacturers to move to or stay in New Jersey is surely its business-friendly laws. One such law has been at the center of several litigations nationwide, as New Jersey drug manufacturers try to export to other states the favorable treatment they receive in their home state.
Supreme Court Rules Against Aereo
August 02, 2014
In <i>ABC v. Aereo</i>, the U.S. Supreme Court reversed the Second Circuit's holding that Aereo did not directly infringe the copyright owners' public performance rights through the operation of the "Watch Now" function of its service.
Supreme Court Upholds Lanham Act Claim in Juice Wars
August 02, 2014
Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.
The Co-Tenancy Clause
August 02, 2014
After <i>Kleban v. Ann Taylor</i>, when a mall or shopping center landlord is marketing space and offers a potential retail tenant a co-tenancy provision, the most applicable legal maxim is <i>caveat venditor</i>, let the seller beware. Landlords can suffer great unintended consequences from a co-tenancy clause that is negotiated as an accommodation to get a tenant into the space and then explodes years later.
