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February 21, 2024 | National Law Journal

In One of 1st Post-'Warhol' Appeals, 4th Circuit Says Nugent Pic on News Site Not Fair Use

"Fair use is a notoriously difficult and fact-specific analysis, and the Supreme Court's decision in Warhol did little to un-complicate it," said copyright attorney Cindy Gierhart.
6 minute read
February 21, 2024 | Daily Business Review

Holland & Knight Hires Away Real Estate Capital Markets Partner From Jones Walker in Miami

Christopher Ezell becomes the second new partner in the real estate capital markets group this year. 
2 minute read
February 21, 2024 | Daily Report Online

Vacated on Appeal: Ruling Clarifies Standard of Review

"'Competent substantial evidence' is a deferential [standard] that does not permit the commissioner to reweigh the evidence, judge the credibility of witnesses, or substitute his judgment on factual issues for that of the hearing officer based on the commissioner's expertise," read the Supreme Court of Georgia opinion.
7 minute read
February 16, 2024 | Daily Business Review

As South Florida Runs Low on Land to Develop, Some Law Firms Are Looking North for Growth

As South Florida's boom is generating issues with affordability and limited space for construction, some law firms are starting to invest in other regions within the state with abundant land as well as access to water.
5 minute read
February 15, 2024 | Law.com

The State of Ohio Cannabis / New York Optimism / Nevada's Top Regulator / Clark Hill's Suit

Ohio voters approved adult-use cannabis legalization in November. But state lawmakers have proposed significant changes to the initiated statute, putting the new law's immediate future in a haze.
11 minute read
Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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February 14, 2024 | New York Law Journal

Intercompany Loans Recharacterized: 'Fry v. Commissioner'

In 'Estate of Fry v. Commissioner', payments by one S corporation to another under identical ownership were recorded as intercompany loans. Following issuance of a notice of deficiency premised on the shareholder's stock basis in the debtor corporation being insufficient to support the losses claimed by him, the petitioners were ultimately successful in persuading the Tax Court that the transfers should be recharacterized as distributions by one corporation to its shareholder, coupled with contributions by that shareholder to the other corporation.
9 minute read
February 13, 2024 | Law.com

10th Circuit Rejects Request to Vacate $13.5M Stipulated Judgment With FTC Notwithstanding Change in Law

Despite the U.S. Supreme Court's decision in AMG Capital Management v. Federal Trade Commission, 593 U.S. 67 (2021), holding that Section 13(b) of the Federal Trade Commission Act does not allow for equitable monetary relief, the U.S. Court of Appeals for the Tenth Circuit affirmed the rejection of a Rule 60(b)(6) motion to vacate a stipulated judgment for payment of equitable monetary relief that was entered before the AMG decision was issued.
6 minute read
February 12, 2024 | The American Lawyer

Deal Watch: Wachtell, Paul Weiss and V&E Lead $26B Oil Merger as Deal Activity Soars

Energy and life sciences continue to lead the way in deal activity, but tech and other recently nascent sectors are showing signs of life.
12 minute read
February 09, 2024 | Daily Business Review

How Holland & Knight Managed to Keep its Transactional Lawyers Busy During a Slow 2023

While others jumped on trends that tend to provide exuberant highs during good times but extreme lows during slower periods, the firm stuck to its guns in more traditional spaces, helping boost its corporate practice last year.
4 minute read
February 09, 2024 | Law.com

New Mexico Supreme Court Determines Its Legislature Requires Metropolitan Court to Record Civil Proceedings, Despite Conflicting Rules

The high court concluded that the state Legislature intends for the metropolitan court to create a record of its civil proceedings.
7 minute read

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