Features
You Can't Go Back! Or Can You?
In 2009 the Court of Appeals articulated a new rule for Family Law practitioners, referred to by some as the "don't look back" rule. The court in <i>Buntzman</i> simply did not want courts reviewing economic decisions made during the course of a marriage, or attempting to adjust for the fact that certain payments made from separate property may have benefited both spouses ' or even the non-titled spouse alone.
Features
The Non-Party Physician
Last month, the authors began a discussion of the crucial role non-party physicians often play in medical malpractice cases. Here, they look at some methods for obtaining the evidence they possess.
Features
Standard Defense in Obstetrical Malpractice Cases Invalid
In what may be a national first, an appellate panel in Rochester, NY, has rejected as scientifically invalid a standard defense in obstetrical medical malpractice cases.
Features
Shoulder Dystocia and the Duty of Informed Consent
Obstetricians should examine their states' legal requirements about informed consent when making decisions about when to speak to patients about planned cesarean delivery in the face of evidence suggesting an increased risk of shoulder dystocia during delivery.
Features
Recent NJ Case Upholds Protection of Trust
This article concludes last month's overview and discussion of the impact on trusts arising from a recent New Jersey case, <i>Tannen v. Tannen</i>.
Features
Bit Parts
Independent Creation Testimony Defeats Rap Riff Copyright Claim<br>Right to Percentage 'Equal to' Label's Net Receipts Doesn't Support Conversion Claim in Creedence Clearwater Digital Royalties Suit<br>'Substantial Value' Allegation in Implied Contract Case Not Enough to Meet $75,000 Amount in Controversy for Federal Subject Matter Jurisdiction
Features
Limits of CDA Immunity For Claims Based on User-Generated Content
This article concentrates on the scope of CDA immunity advertisers and entertainment companies that operate UGC campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
Features
Tax Issues in International Endorsement Deals for U.S. Entertainers and Athletes Working Abroad
As with many transactional entertainment and sports matters, there are a number of critical tax issues that bear upon the endorser's ultimate take-home pay. This topic divides neatly into U.S. persons working outside the U.S., and non-U.S. persons working inside the U.S. This article discusses U.S. persons working abroad.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- The Unlicensed Real Estate Broker in New York: BewareThe U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.Read More ›