Second Circuit Arguments in Google Books Case
December 31, 2014
Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.
To Settle or Defend
December 31, 2014
Apple's iPhone muse and general know-it-all, Siri, can provide a ready answer to nearly any question. Its analytical ability would, however, be sorely taxed by the agonizing decision that physicians must make when facing medical malpractice claims: to defend or empower the insurance company to try to settle?
Connecticut Is Capturing Captive Insurers
December 31, 2014
As a globally recognized capital of the insurance industry, Connecticut has had a complicated relationship with the industry segment of captive insurers. Recent legislative initiatives, however, have demonstrated the interest of state government in promoting the development of a domestic captive industry, which is growing in importance.
The Territorial Barrier To Commodity Exchange Act Suits
December 31, 2014
While judicial ink has long been spilled on the extraterritoriality of the securities laws, growing attention is being paid to the overseas reach of the antifraud provisions of the Commodity Exchange Act (CEA).
Balancing the Equities in Municipal Bankruptcies
December 31, 2014
When it comes to explaining what has prompted the incidence of financial distress being experienced by an increasing number of our nation's cities, perhaps the most persistent and significant cause is a troubled city's obligations to fund substantial pensions for its employees, both retired as well as its active work force.
More of the New Normal?
December 31, 2014
As a result of the decrease in spending during the Recession, there is considerable cash sitting on the sidelines. Yet every year, there has been uncertainty hovering over the markets, preventing prudent companies from opening the cash spigot. So how does it look for 2015?
A Different Kind of Fee-Shifting Contract Clause
December 31, 2014
Contracts often include a fee-shifting provision based on who ultimately prevails in a lawsuit. This article proposes a different kind of fee-shifting clause, one triggered not by who ultimately prevails in a lawsuit, but by who prevails on certain specified motions that commonly add unnecessary expense and delay to dispute resolution proceedings.
Start Increasing Your 2015 Tax Deduction Now
December 31, 2014
If your business is like many retail-driven franchises, you have unwanted inventory hogging valuable storage space and putting a drag on your bottom line. The good news is, there is a way to turn that outdated stock into a hefty asset. One that doesn't involve profit-devouring discounts or liquidation hassles. It's called product philanthropy. And for franchises that hold C Corporation status, it's one of the best kept secrets of the IRS tax code.
<b><i>At the Intersection:</i></b> Making Your Net Work
December 31, 2014
Those who gauge networking success by the sheer number of contacts they can cultivate digitally need to get this through their heads: You are not "networked" unless you make your net work, which is to say, unless you work your net.