Vaccine Injuries and the Statute of Limitations
February 01, 2017
It is imperative for all attorneys to understand that there is an available recourse for those injured by certain vaccines. Attorneys also need to make themselves aware of the applicable statute of limitations for these causes of action because assumptions about a "discovery rule" or minor's tolling statute can expose a lawyer to a legal malpractice suit.
Untangling the Mystery of Cybersecurity Insurance
February 01, 2017
There are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
Tax Foreclosures: Notice to Mortgagees
February 01, 2017
Tax foreclosures implicate not only the interest of the delinquent fee owner, but also the interest of the holder of a mortgage on the fee interest. What happens when the mortgagee does not know about the tax delinquency, the tax foreclosure, or the expiration of the right to redeem the property?
Paul McCartney's Suit over Songs' Recapture Rights
February 01, 2017
Paul McCartney has long wanted to reclaim ownership of his share of the copyrights to "Love Me Do," "Ticket to Ride" and numerous other Beatles hits he co-wrote with John Lennon. But the unfavorable December 2016 decision by a British judge in a copyright termination dispute involving the 1980's hitmakers Duran Duran raised some doubts — at least in the minds of Sony/ATV Music Publishing and its counsel — about whether the U.S. copyright law rights can supersede valid contracts assigning away musical rights and also prevent Paul McCartney from exercising his termination rights.
The Continuing Evolution of the False Claims Act
February 01, 2017
The number of lawsuits brought under the False Claims Act continues to increase. In these cases, the United States government is the real party in interest, while individual relators (also known as "whistleblowers") may bring a complaint on behalf of the government.
Is Your Data Breach Response Plan Good Enough? Stress Test It!
February 01, 2017
As the chances of a data breach incident increase, savvy firms and businesses have invested time and thought in a response plan. But plans never survive first contact with the enemy. Stress test your incident response plan to find and resolve its weaknesses while time is on your side.
David vs. Goliath
February 01, 2017
<b><i>How to Handle the Right of First Refusal of a Single Parcel in a Multiple-Parcel Package Deal</b></i><p>It is best for all parties to avoid litigation by clearly addressing the possibility of a transfer of more than just the property that is the subject of the right when that property is part of a larger parcel, or could be part of a package deal.
Navigating the Bankruptcy Court's Power to Modify a Secured Creditor's Lien
February 01, 2017
This article focuses on the impact of the Bankruptcy Code's section 552, which addresses the effect of a bankruptcy filing on property acquired by the debtor after the filing of the bankruptcy case (referred to as "after-acquired property") and proceeds of pre-bankruptcy collateral.
Recent Developments in the Section 956 Deemed Dividend Rules<br></font>
February 01, 2017
<i><b>How to Avoid the Tax Pitfalls of 26 U.S.C. §956 when Negotiating Lending Transactions for Clients with Foreign Country Operations</i></b><p>A popular conduit for operating in a foreign country is a controlled foreign corporation (CFC). In 2012, U.S.-controlled foreign corporation earnings topped $793 billion as the world economy became increasingly interconnected. See, IRS, Statistics of Income. How does the aforementioned trend impact the legal profession?
New Hockey Team's Trademark Dispute Nothing New
February 01, 2017
What happens in Vegas does not necessarily stay in Vegas. Such was the recent ruling by the USPTO that denied registration of the trademarks "Las Vegas Golden Knights" and "Vegas Golden Knights" to the newest NHL franchise, due to their similarity to Golden Knights of the College of Saint Rose, a mark owned by a small college in Albany, NY.
