Archive for March 2012

Real Estate Law: Supreme Court EPA "Compliance Orders" Open to Challenge

The U.S. Supreme Court just handed a big win to all landowners who receive a “compliance order” pursuant to the federal Clean Water Act, issued by the Environmental Protection Agency (“EPA”). The nation’s highest court held that the landowner has the right to seek immediate, emergency relief in federal court to attempt to stop the…

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Right of Publicity after death

In The Hebrew University of Jerusalem V. General Motors, LLC, CV10-03790 AHM (JCx) (U.S. D. Ca March 16, 2012) the court refused to grant summary judgment on a claim that GM’s otherwise licensed use of an image of Albert Einstein violated the rights holder’s post mortem publicity right. The decision is linked here.

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Copyright Infringement Claims to BitTorrent File Sharing on the Rise

BitTorrent is a peer to peer file sharing protocol that allows its members to share pieces of a file simultaneously such that each user can access and view the entire file without downloading it completely. It was designed to facilitate the sharing of large files and minimize the demand on an individual server. A seed…

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Keeping Assets in the Family

Besides the basic tax bypass trust structure there are several ways of reducing exposure to estate tax, though most of them involve giving away control of an asset. The simplest of these is simply making gifts within the annual $13,000 gift tax exclusion. Larger gifts made by people with enough wealth to face estate tax…

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