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Revisiting Allocation of Basis Issues
December 31, 2015
The courts have taken varying approaches to determining the basis of stock that is received by an insurance policyholder in exchange for the policyholder's surrender of membership rights in a mutual insurance company, in a "demutualization" transaction. While this may seem to be a narrow and abstruse question, the approaches taken by the courts may have application in other areas of the tax law affecting analogous transactions.
The Product Liability Landscape for Furniture Users, Manufacturers and Sellers
December 31, 2015
Homes are full of products that have been the subject of litigation, the focus of standards and the target of Consumer Product Safety Commission (CPSC) investigations. The focus on furniture safety and liability present special challenges for manufacturers and sellers.
Catching Counterfeiters With Page Vault
December 31, 2015
As the CEO and founder of IPCybercrime, my team and I have developed a systematic approach to investigating the online sale of fake branded goods. We work with law firms and corporate counsel to build cases against the counterfeiters. In the last decade, we've assisted in shutting down hundreds of thousands of websites offering counterfeit goods for sale. In many cases, $100s of millions were at stake.
Law Firm Accounting: Opening the Books
December 31, 2015
The criminal fraud trial of three former executives of Dewey & LeBoeuf last year cast a spotlight on an arcane, often tedious but essential part of the operations of any big law firm: accounting practices.
Wage and Hour Red Flags
December 31, 2015
Last month, we discussed the fact that many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. We conclude herein with points 9 through 16.
Alienation Dynamics
December 31, 2015
Alienation dynamics that are purported to operate within a separating and divorcing family are among the most common allegations in child custody litigation. In this article, we discuss the scientific basis of the concept of "alienation" and provide a road map for direct and cross-examination of expert witness testimony.
Preparing for a Data Breach with Cyber Insurance
December 31, 2015
Data breaches continue to escalate and garner national attention. The most recent news-making incident was the hack of electronic toy maker, VTech.
<b><i>At the Intersection: </i></b>Wishin' and Hopin' and Sittin' on Your Hands
December 31, 2015
What if you invented a better mousetrap, but the world didn't beat a path to your door? What if you developed a promising new medicine for a troubling condition, but when the doctor prescribed it, the patient refused to take it, simply sticking it in the desk drawer while continuing to complain about the malady?
Ins and Outs of Group Registration Of Photographs
December 31, 2015
An important part of a professional photographer's life, and that of a photographer's attorney, is protecting the intellectual property produced by that photographer. Many photographers properly compile photographs from unrelated sources and register the photographs in an effort to protect their property rights in the images. Group registration of those images has enabled a much more efficient registration process, but does registration provide the statutory damage protections one might assume should be available?
Protecting Your Company's Data from Security Breaches
December 31, 2015
This article explores some steps counsel can take to protect their organizations from a data breach, and how counsel can proactively help to mitigate any adverse impact in the unfortunate event a data breach occurs.

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