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DOMA Constitutionality Questioned in Same-Sex Marriage Case Image

DOMA Constitutionality Questioned in Same-Sex Marriage Case

Gina Passarella

The parties involved in a same-sex marriage dispute involving a deceased Cozen O'Connor partner and her profit-sharing plan continue to trade court filings and have now officially raised questions regarding the constitutionality of the federal Defense of Marriage Act and Pennsylvania's "mini DOMA."

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Analysis of recent key rulings.

Features

Goldman Sachs Argues Dukes Ruling Image

Goldman Sachs Argues Dukes Ruling

Nate Raymond

An interesting look at ongoing litigation.

Features

Negative Comments About an Employer May Still Be Protected Image

Negative Comments About an Employer May Still Be Protected

Mark N. Reinharz

In <i>MasTec Advanced Technologies</i>, the NLRB found that the criticism expressed by employees was concerted activity and thus protected activity under the National Labor Relations Act. Consequently, the employer's termination of the employees was deemed unlawful.

Features

Recharacterization: It's Not All About Equity or Insiders Image

Recharacterization: It's Not All About Equity or Insiders

Scott J. Friedman & Mark G. Douglas

In <i>Lothian Oil</i>, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.

Features

Bankruptcy Court Denies Confirmation of WaMu's Plan of Reorganization Image

Bankruptcy Court Denies Confirmation of WaMu's Plan of Reorganization

David Neier, Rolf S. Woolner & Myja K. Kjaer

Sending the debtors back to the drawing board after almost three years in bankruptcy, the bankruptcy court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. ("WaMu").

Features

Increasing Speed and Confidence in Second Request Responses with New Technologies Image

Increasing Speed and Confidence in Second Request Responses with New Technologies

David J. Laing

Responding to Hart-Scott-Rodino Act Requests for Additional Information and Documentary Materials (more commonly known as "Second Requests") presents substantial challenges in assembling a comprehensive and complete production of requested information and documents from company archives.

Features

Taking Responsibility for the e-Discovery Process Image

Taking Responsibility for the e-Discovery Process

Sophia Lee & Christine Soares

This article provides a checklist of best practices for both in-house and outside counsel to consider, discuss and monitor throughout the litigation to ensure confidence in the client relationship and the e-discovery process.

Features

Counsel Concerns Image

Counsel Concerns

Stan Soocher

Arbitrators' Findings Upheld in Legal Malpractice Dispute over Talent Agencies Act Controversy<br>Contingency Fee Agreement Applies to Potter Guide Post-Trial Settlement

Features

Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations Image

Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations

Daniel C. Glazer & Daniel P. Ashe

As part of day-to-day operations, companies regularly enter into intellectual property assignments or "work-for-hire" arrangements with employees and contractors, often pursuant to form agreements that are not tailored to the particular engagement. However, decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i>, highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.

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