Legal Research

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Second Circuit Review
Wednesday, April 22, 2009
By Martin Flumenbaum and Brad S. Karp

"Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss a recent decision in which the Second Circuit ruled that, in considering a motion for preliminary injunctive relief against the misappropriation of a trade secret, a finding of misappropriation does not generally give rise to an automatic presumption of irreparable harm. Instead, the panel held that a presumption of irreparable harm may arise, if there is evidence that defendant's continued wrongful use of the proprietary information poses a substantial risk of disclosure or other impairment of the information's value. "

OUTSIDE COUNSEL:

The Role of Nonresident Fathers After Divorce or Separation
Wednesday, April 22, 2009
By Susan L. Pollet

" Susan L. Pollet, counsel and director of the New York State Parent Education and Awareness Program of the Office of Court Administration, analyzes a debate among academic and social services professionals about how best to foster involvement of non-cutodail parents in the lives of children after divroce."

REAL ESTATE TRENDS:

Recent Decision Invalidates Related Party Exchange
Wednesday, April 22, 2009
By Ezra Dyckman and Lana Kalickstein

"Ezra Dyckman, a member of Roberts & Holland, and Lana Kalickstein, an associate with the firm, write: Can a taxpayer acquire replacement property from a related party in a Section 1031 like-kind exchange? This simple question does not lend itself to an easy answer. Authority in this area is sparse; in fact, a decision of the Tax Court last month, Ocmulgee Fields Inc. v. Commissioner, is only the second case to shed light on this issue."