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May 15, 2024 | New York Law Journal

'Farhy v. Commissioner': D.C. Circuit Reverses Win for Taxpayers

This article reviews the two decisions in 'Farhy v. Commissioner' and discusses the implications for determining the assessability of penalties going forward.
8 minute read
May 15, 2024 | Law.com

The Cutest Trademark Dispute—Squishmallows Takes on Skoosherz

Lawsuits pitting one plush toy against another have brought trade dress law to the forefront. At the heart of the battle is whether there are protectable nonfunctional elements in Kelly Toys' Squishmallows such that Build-A-Bear's use of similar elements in its Skoosherz constitutes trade dress infringement.
6 minute read
May 15, 2024 | New York Law Journal

Habeas Law and the Sex Shaming of Brenda Andrew

Brenda Andrew's was convicted in Oklahoma of her estranged husband's murder in a trial in which the prosecutor dangled her throng underwear before the jury and otherwise "sex shamed" her. She has petitioned the U.S. Supreme Court to hear her case. Do the constraints of federal habeas law (AEDPA) make that unlikely?
8 minute read
May 15, 2024 | New Jersey Law Journal

Time to Reconsider Polygraph Reliability and Admissibility in New Jersey

"Even before the tremendous polygraph advancements, they were never considered per se unreliable in New Jersey," writes Frederick P. Sisto.
8 minute read
May 15, 2024 | Law.com

10th Circuit Questions Jurisdiction in Appeal of Transgender Woman's Admission Into Kappa Kappa Gamma Sorority

When a federal appeals court judge asked if the plaintiffs' attorney thought district judge's decision was final since it still left the opportunity to amend, the attorney said she did not believe the plaintiffs could refile because the judge struck down their merits claims.
3 minute read
May 15, 2024 | National Law Journal

DC Circuit Rules Civil Servant Was Removed, Demoted Without Proper Due Process

Risa L. Lieberwitz, a professor of labor and employment law in the Cornell University School of Industrial and Labor Relations, said the D.C. Circuit's majority opinion is "quite a significant decision."
4 minute read
May 15, 2024 | Daily Business Review

What Makes a Compelling SEC Whistleblower Tip?

In this article, we discuss the elements of what makes a compelling SEC Whistleblower Tip, such that it is likely to be investigated by the SEC's Enforcement Division resulting in an enforcement action, substantial monetary penalties and ultimately payment of a financial bounty to our whistleblower client.
6 minute read
May 15, 2024 | Daily Business Review

Special Section: 2024 Alternative Dispute Resolution and International ADR

In The Daily Business Review's Alternative Dispute Resolution and International ADR special section, read about the role of ADR in patent licensing agreements, arbitration in Argentina, and the rise of mediation in tort reform efforts.
2 minute read
May 15, 2024 | Delaware Business Court Insider

Court of Chancery Grants Special Litigation Committee's Dismissal of 'Carvana' Derivative Action

In re Carvana Stockholders Litigation is another example of a board successfully employing this process to discontinue a derivative suit after directors weighed the pros and cons and made a good faith business judgment to dismiss.
6 minute read

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