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Is an 'Official Act' An Element of Public and Private Corruption? Image

Is an 'Official Act' An Element of Public and Private Corruption?

Elkan Abramowitz & Jonathan S. Sack

This article discusses cases that have begun to address whether "official act" is an element in a private honest services fraud prosecution.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Film Clips Included in Talent's Acting Reel Are a Copyright Fair Use Ninth Circuit Finds Judd/Weinstein Meeting Within Scope of California Sexual Harassment Statute Personal Manager's Lawsuit in New York Against Former In-House Counsel Can Move Forward

Features

Court of Appeals Upholds Pipeline Condemnation Image

Court of Appeals Upholds Pipeline Condemnation

Eamon P. Joyce & Cassandra Liu

This article focuses on a recent decision upholding a pipeline developer's exercise of eminent domain under New York law in National Fuel Gas Supply Corp. v. Schueckler.

Features

Man of La Mancha Revival Dispute Involves Whether Attorney/Client Relationship Arose Image

Man of La Mancha Revival Dispute Involves Whether Attorney/Client Relationship Arose

Stan Soocher

A thorny concern for lawyers is whether — and if so, when — an attorney/client relationship has been formed with a party with whom the lawyer has entered into a business arrangement. Current litigation over an agreement involving theatrical production rights to the Tony Award-winning musical Man of La Mancha offers some perspective on the issue.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

ssalkin

Condemnee Entitled to Consequential Damages To Contiguous Parcel Valuation for Prospective Use Rejected

Features

How COVID-19 Has Impacted Broadway Productions Image

How COVID-19 Has Impacted Broadway Productions

Matthew Windman

While the theaters of Broadway remain dark, the New York theater community has been left to grapple with challenging legal issues relating to governmental directives, contracts, insurance coverage, refunds, presenting live and prerecorded content on the Internet, and what health and safety measures will be needed once the theaters can reopen.

Features

What's in a Name? Booking.com and Consumer Perception Evidence Image

What's in a Name? Booking.com and Consumer Perception Evidence

David H. Bernstein & Jared I. Kagan

In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.

Features

Survey Says: Tips On Getting Over the Daubert Hurdle Image

Survey Says: Tips On Getting Over the Daubert Hurdle

Rebecca Kirk Fair, Peter Hess & Vendela Fehrm

This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.

Features

Cash Flows for Commercial Leases During COVID-19 Image

Cash Flows for Commercial Leases During COVID-19

Jonathan Koevary & Robert Gagne

To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.

Features

Bankruptcy Sales: Finding a Diamond In the Rough Image

Bankruptcy Sales: Finding a Diamond In the Rough

Matthew I. Kramer

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

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