The Dismantled Weapon of 'A Good Deed Never Goes Unpunished'
July 02, 2015
The employment lawyer's adage that "no good deed goes unpunished" was thrown into sharp relief by the Sixth Circuit recently when it held that telecommuting ' even when offered to other employees ' is not necessarily a reasonable accommodation for a disabled employee. ).
Like Kind Exchange for Equipment Lessors
July 02, 2015
If you dispose of an business asset and subsequently reinvest your sales proceeds to acquire a "like-kind" replacement asset of equal or greater value, then the recognition of taxable gain (along with the lessor's obligation to pay tax on that gain) is deferred until the replacement asset is sold or, in the case of subsequent follow on exchanges, until the replacement's replacement asset is sold in a taxable disposition.
Big Talent Agencies as Defendants In Implied-in-Fact Contract Suits
July 02, 2015
An elite group of large talent agencies have earned reputations as gatekeepers to success in the film and television industries. Non-client writers and producers attempt to share in that success by becoming agency clients or by having their ideas, presentations and screenplays accepted by the agencies for their existing clients. The agencies' practice of "packaging" a combination of services for a single film or television project has enhanced their gatekeeping role.
High Court Rulings On Spider-Man Toy, Rap Lyrics
July 02, 2015
In one of two recent U.S. Supreme Court rulings in cases the entertainment industry has followed, the High Court decided that the inventor of a Spider-Man web-shooting device cannot extend his reach for royalties beyond the expiration of his patent.
The Ethical Duty to Be Competent in Technology and e-Discovery
July 02, 2015
Lawyers understand that they have an ethical duty to remain competent in the law and its practice. But far fewer are aware that an emerging body of legal-ethics rules and opinions say that lawyers also have a duty to be competent in relevant technology. And e-discovery, an area of law practice many lawyers still consider a niche, is quickly becoming more relevant to every type of litigation.
Bit Parts
July 02, 2015
Home Renovation Service Fails to Establish Claims Against Reality TV Show Producers<br>Owner of Original Woodstock Site Loses Equal Protection Suit<br>TV Show Appearance Release Bars Doctor's Suit over <i>Mob Wives</i>
Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists
July 02, 2015
Once a policyholder tenders a claim, an insurer is likely to request information and documentation from that policyholder about the underlying event, circumstance, occurrence or claim. The insured, however, may have legitimate concerns that sharing such information could result in the inadvertent waiver of evidentiary privileges and protections as to the insurer and third parties, or an adverse coverage determination.
How Do You Know When Your Loss Ensues?
July 02, 2015
The effect an ensuing loss provision is that ensuing losses stemming from uncovered events will be covered, as long as such losses would otherwise be covered under the policy. Consequently, an understanding of the provision is vital to commercial property landlords and tenants.
