Insurance Coverage for Gun Injuries
August 27, 2013
The insurance industry is no stranger to gun-related claims. Although myriad scenarios give rise to such claims, three coverage issues tend to predominate in these cases.
Hidden Issues in Balance Sheets
August 26, 2013
Attorneys for creditors and debtors and bankruptcy judges are making recommendations or decisions based on only cursory consideration of potentially misleading balance sheets. Neglecting to delve into the issues more deeply can result in serious pitfalls.
Marketplace Fairness Act May Help Clear Muddy Tax Waters
August 02, 2013
With my mom probably one of a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
Counsel Concerns
August 02, 2013
Advice-of-Counsel Affirmative Counterclaim Defense to Remain in Case Brought over Use of "Twilight" Marks<br>Former Litigation Attorney's Handling of Case Doesn't Relieve Film Company of Liability for Judgment<br>Motion to Disqualify Counsel Is Denied in Suit Involving Process for Selling Concert Recordings
Marketplace Fairness Act May Help Clear Muddy Tax Waters
August 02, 2013
With my mom probably one of only a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
Immigration Reform
August 02, 2013
Business owners wear many hats, often including that of human resource manager. Although savvy about sales, marketing and running their operations, entrepreneurs often struggle with employment eligibility requirements, non-discriminatory hiring practices and immigration issues. Examining potential immigration-related liabilities will help franchisees reduce their risk of non-compliance and develop sound employment practices and effective hiring policies.
Supreme Court Weighs in on Reverse Payment Settlement Agreements
August 02, 2013
On June 17, 2013, the U.S. Supreme Court held in <i>Federal Trade Commission v. Actavis, Inc.</i> that so-called "reverse payment" settlement agreements should be analyzed under a rule-of-reason analysis under which the court weighs the pro- and anti-competitive effects of such agreements on a case-by-case basis.
'Gatekeeping' Expands in Two Jurisdictions
July 30, 2013
This article explores two noteworthy decisions from 2012 by the Supreme Courts of California and Pennsylvania that break away from the narrow <I>Frye</I> test, clearly mandate active gatekeeping responsibility for trial judges, and broaden the scope of inquiries into expert scientific testimony.
