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Anti-Concurrent Clauses
June 01, 2016
This two-part article constitutes an overall review of ACC clauses in first-party property policies and their application across the United States. Most courts have found ACC clauses to be enforceable, although a handful of states have held that insurers may not contractually opt out of the state's causation doctrines, i.e. , efficient proximate cause or concurrent causation. We conclude the article herein.
Real Property Law
June 01, 2016
Analysis and commentary on several key rulings.
To Merge or Not to Merge?
June 01, 2016
The "one-percenters" that we are hearing so much about in this year's primary election campaigns also have an analogous place in current law firm economics. The rich are getting richer, and most others are struggling to hold their own.
Should You 'ERISA-fy' Your Severance Plan?
June 01, 2016
Employers with severance plans need to know whether or not their plans are subject to the Employee Retirement Income Security Act of 1974 (ERISA). And if the employer finds that they are not, it may wish to consider amending the plans to bring them under ERISA.
New USPTO Rules for Post-Grant Trials
June 01, 2016
New changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) went into effect on May 2, 2016, after much public comment and gnashing of teeth. Among the plethora of rule changes that were announced, two in particular stand out as most substantive for both patent owners and their challengers.
Millennials Approaching Partnership: Now What?
June 01, 2016
Although legal professional development administrators continue to fight the good fight with respect to new associate development and integration, they must now, more than ever, start focusing on the fact that Millennial lawyers are getting closer to partnership. .
Fundamental Issues In U.S. Taxation of Foreign Entertainers and Athletes
June 01, 2016
The United States taxes its citizens and resident aliens on their worldwide income; nonresident aliens are taxed on their U.S. source income and income that is effectively connected with a trade or business in the U.S. These seemingly simple terms have spawned volumes of regulations, rulings, cases and articles, the essence of all of which is to determine who is subject to tax in the U.S., and on what. This article introduces the U.S. federal income tax issues.
In the Courts
June 01, 2016
On April 8, the Seventh Circuit reversed the conviction and ordered the acquittal of David Weimert, a former executive at AnchorBank, on five counts of wire fraud related to a real estate deal he negotiated in 2009. Here's a look at the ruling.
'Best Efforts,' 'Commercially Reasonable' and Other Terms No One Understands
June 01, 2016
In this article, the authors explore why vague contractual terms are routinely used, explain how they have been inconsistently interpreted by the courts, and offer some practical tips to minimize the havoc ambiguous terms can wreak.
The Panama Papers: A Small Part of a Larger Challenge?
June 01, 2016
The Panama Papers has become a new buzz phrase. Information contained in the Panama Papers ' the unprecedented leak of 11.5 million internal documents from the Panamanian law firm Mossack Fonseca ' illustrates the dangers of noncompliance for U.S. taxpayers and for citizens of other countries with whom the U.S. has exchange of information agreements.

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