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Fox Rothschild LLP | USA | 5 Feb 2013

The intersection between criminal law and bankruptcy law: can filing for bankruptcy affect a criminal defendant's sentence?

Criminal defendants facing onerous restitution obligations as part of their sentence might contemplate a bankruptcy filing, in the hope of staving


Fox Rothschild LLP | USA | 12 Sep 2012

Secret witnesses in securities litigation

Over the years and, most certainly, since the passage of the Private Securities Litigation Reform Act, plaintiffs' lawyers have used confidential witnesses in their pleadings.


Fox Rothschild LLP | USA | 7 Sep 2012

Law enforcement officers may be impeached with prosecutors' inconsistent charging decisions

In an important decision for the right to a fair trial, the Second Circuit recently held that a detective -- testifying against the only charged defendant in a case involving the seizure of weapons from a minivan occupied by several persons besides that defendant -- could be impeached with prosecutors' initial decision to charge other occupants of the vehicle with possession of those firearms.


Fox Rothschild LLP | USA | 6 Sep 2012

2nd Circuit rules that color can serve as a trademark in the fashion industry, but limits scope of mark for red-soled shoes

Can a single color serve as a trademark in the fashion industry?


Fox Rothschild LLP | USA | 31 Aug 2012

Second Circuit decision on fluctuating work week may be troublesome!

A few days ago, Daniel Schwartz posted in his Connecticut Employment Law Blog an article about a recent Second Circuit decision disapproving the use of the fluctuating work week (FWW) method of calculating overtime when employees misclassified as exempt are deemed to be non exempt.


Fox Rothschild LLP | USA | 28 Aug 2012

2nd Circuit: streaming video website is not cable service; infringes copyright

Is streaming Internet video a “cable service” under U.S. copyright law?


Fox Rothschild LLP | USA | 14 Aug 2012

Trials as take-home exercises: deliberating jurors allowed to bring indictment home to study

Normally, trial judges are vigilant in ensuring that every step in a jury's deliberative process takes place within the confines of a single location: the jury deliberation room.


Fox Rothschild LLP | USA | 21 Jun 2012

Jury unanimity on commission of particular overt act not needed for conspiracy conviction

In United States v. Kozeny, 667 F.3d 122 (2nd Cir. 2011), a Foreign Corrupt Practices Act prosecution, the defendants were charged with having bribed Azerbaijani officials in order to acquire a state-owned oil company.


Fox Rothschild LLP | USA | 12 Feb 2012

Treasury issues final, temporary and proposed regulations on cost sharing agreements

In December, 2011, the Treasury promulgated final, temporary, and proposed regulations to cost-sharing agreements (CSAs) which are effective on December 16, 2011.


Fox Rothschild LLP | USA | 6 Dec 2011

Tax Court rules on non-resident, professional golfer's treatment of U.S. source royalty and personal service income in Goosen v. Commissioner

Non-residents of the U.S. are subject to U.S. income tax on U.S. source fixed and determinable annual or periodic income, as described in Section 871(a), which income, subject to treaty override, is subject to a flat 30 tax rate without deductions.

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