Legal Research

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Elder Law
Wednesday, June 3, 2009
By Daniel G. Fish

" Daniel G. Fish, a principal in Daniel G. Fish, LLC, writes that the Fairness in Nursing Home Arbitration Act, which would prohibit pre-dispute arbitration agreements between a long-term care facility and its residents or those who act on behalf of its residents, has started a debate between those who argue in favor of arbitration's efficiency and those who hold that, given the fundamental rights at stake and the relative inequality of the bargaining positions, mandatory pre-dispute arbitration harms the one and a half million residents in nursing homes. Several state Supreme Courts have addressed this issue with non-uniform results because the cases are fact sensitive and there are a number of different legal theories relied upon."

Real Estate Securities
Wednesday, June 3, 2009
By Peter M. Fass

 "Peter M. Fass, a partner at Proskauer Rose, reviews the SEC's responses to several requests for no-action letters. The securities issuers requesting the letters were attempting to comply with the prohibition on general advertising or general solicitation by using intermediaries, referrals or business databases to establish preexisting relationships with the prospective investors."

OUTSIDE COUNSEL:

State Common Law Overtakes Famous Marks Doctrine
Wednesday, June 3, 2009
By Kenneth A. Plevan and Anthony J. Dreyer

"Kenneth A. Plevan and Anthony J. Dreyer, partners at Skadden, Arps, Slate, Meagher & Flom, write that in recent years, a clear split developed between the Ninth Circuit, which has recognized the well-known marks doctrine and articulated standards for its application, and the Second Circuit, which, finding no provision in the Lanham Act establishing the doctrine, held that it is for Congress, not the courts, to consider it. Now, a recent decision from the Southern District, based on newly reinvigorated state common law principles, demonstrates that state law may completely moot the debate under the Lanham Act. " 

REAL ESTATE TRENDS:

Court Lifts Bankruptcy Stay, Clearing the Way for Eviction
Wednesday, June 3, 2009
By Warren A. Estis and William J. Robbins

"Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, write: Most landlord-tenant practitioners are generally aware of the Bankruptcy Code provision for an automatic stay of a summary proceeding upon a tenant's filing of a bankruptcy petition. A recent decision by Southern District Bankruptcy Judge Martin Glenn however, shows that there are numerous intricacies that can affect the applicability of that doctrine in a particular fact situation."