On July 14, the Connecticut Supreme Court issued a decision in Handsome v. Planning and Zoning Commission of the Town of Monroe, 317 Conn. 515 (2015), that broadly relates to the issue of standing and, more specifically, emphasizes the absolute nature of the conveyance of title to real property Continue Reading
Academic Institutions Are Under Cyber Attack
Academia’s cyber preparedness (or lack thereof) has received less media attention than that of certain retailers and financial institutions, but nonetheless the cyber risks confronting universities are pervasive and alarming. Consider recent breaches suffered by educational institutions. At the Continue Reading
Applying Choice-of-Law Principles to Punitive Damages Claims
In 2008, the New Jersey Supreme Court established New Jersey's adherence to the "significant relationship test" in choice-of-law determinations. The court made clear that, pursuant to that test, there is a presumption in personal injury cases that the law of the state in which the injury occurred Continue Reading
5 Things Companies Should Know About the Slowdown in China
The dramatic drops in the Shanghai, Shenzhen and Hong Kong stock markets have produced very obvious repercussions in global markets. In China, the nature and extent of the market drops have not been clearly reported, and in much of the domestic, government-controlled Chinese media, there is almost Continue Reading
When Insurer’s Consent to Settle Isn’t Required
When an insurer wrongfully denies insurance coverage to its policyholder on a liability claim, the policyholder is free to settle the claim against it and press its right to insurance. That the insurer’s policy contains a provision requiring the insurer’s consent to any settlement poses no Continue Reading
No Trade Secret in Visual Aspects of Software: The Need for Non-Compete Agreements
A federal appeals court recently ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. Because trade secret information cannot be “unseen,” this ruling reinforces the need for owners to Continue Reading
Initial Interest Confusion in Amazon Case Is Troubling
Suppose you walk into a greasy cheeseburger joint and ask for a Coke. A cook who looks remarkably like the late John Belushi doesn’t say, “No Coke; Pepsi.” Instead, he says, “You want Coke? Have a Pepsi!” and you buy the Pepsi. Does Coke have a claim that you were confused into buying Pepsi? That Continue Reading
Corporation Law: Pennsylvania
This Q&A guide to corporation law in Pennsylvania addresses key areas of corporate law such as formation, foreign qualification, mergers, anti-takeover laws and dissolution. Answers to questions can be compared across a number of jurisdictions. Continue Reading
What Does It Mean to Be ‘Willful’? Defending Against Willful Violations of Securities Laws
Everyone can conjure up an image of a willful child—a kid who has made up his mind to disobey you. But the everyday understanding of "willful" is not what willful sometimes means in the law. Sometimes it can mean a deliberate and intentional violation of an authority, just like a willful child. Continue Reading
Seeking Review of Magistrate Judge Decisions in Civil Cases
In 1968, Congress enacted the Federal Magistrates Act to institute a system of magistrate judges to replace the United States commissioner system, which had been in place in some form since the 1790s. The purpose of the act was “to improve the quality of the judicial officers serving just below the Continue Reading