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Stop and Look Before You Listen!
November 30, 2014
One of the areas in which criminal and matrimonial law collide is in wiretap and eavesdropping laws. Not only are many matrimonial laws state-specific as to statute and judicial interpretation, but the various wiretap and eavesdropping laws throughout the nation are similarly disjointed. This article focuses on some of the larger states and discusses certain controversial areas.
What Constitutes 'A Sale' and 'an Offer to Sell'?
November 30, 2014
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
Calculating Structured Judgments
November 30, 2014
Historically, a defendant would become obligated to pay the full amount of a personal injury judgment in a lump sum as soon as the judgment was entered. In 1985, New York enacted a Periodic Payment of Judgments Act as part of the State's effort at tort reform.
Taking a Stand Where Few Have Trodden
November 30, 2014
A "structured dismissal" of a Chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common. However, only a handful of rulings have been issued on the subject...
IP News
November 30, 2014
Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained
Real Property Law
November 30, 2014
In-depth analysis of key cases of interest.
The First Circuit's Non-Unanimous Rejection o the Blanket Rule on Stay Relief Denials
November 30, 2014
Are orders denying relief from the automatic stay pursuant to Section 362 of the Bankruptcy Code considered final and, therefore, appealable as of right? This was the issue of first impression that was recently presented to the First Circuit.
Agreements Without Temporary Maintenance Recitals: Can This Contract Be Saved?
November 30, 2014
In 2010, New York's Legislature enacted Domestic Relations Law (DRL) ' 236, Part B, subd. 5-a, in 2010. The statute, among other things, requires that agreements concerning temporary maintenance that deviate from its formula must, to be enforceable, contain calculations for the amount that would have been set by the formula, and more. The discussion continues herein.
Med Mal News
November 30, 2014
A look at med mal-related legislation in New York and California.
Proactive Information Governance
November 30, 2014
Information governance (IG) is how organizations tackle growing data volumes ' identifying what's important, what isn't, and what to do with it all.

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