July 10, 2024

No Constitutional Right to In-Person Parole Hearings for Nonviolent Offenders in California Under Prop 57

Question: Are incarcerated persons in California entitled to in-person court hearings? Short Answer: No, Proposition 57 does not require or imply a right to an in-person hearing. In a 2022 decision, the California Court of Appeal ruled that nonviolent prisoners eligible for parole consideration under Proposition 57 are not constitutionally entitled to an in-person hearing. The case that set the precedent, 76 Cal...

June 10, 2024

Five Law Books to Read this Summer from the American Bar Association

American Bar Association Little Book Series The "Little Book" series from the American Bar Association is a remarkable collection of concise and accessible guides that provide insight into various legal topics – including but not limited to BBQ, boating, golf, wine, and fishing. Designed to demystify complex legal concepts, these books offer readers a practical understanding of the law in an engaging...

April 11, 2024

Does My Correctional Facility Need a Law Library?

By Gerard J. Horgan, CJM, JD | Retired Superintendent Suffolk and Norfolk County, Massachusetts The law regarding an offender’s access to the courts was made clear nearly 40 years ago when the U.S. Supreme Court ruled on a case from North Carolina. In Bounds v. Smith 430 U.S. 817 (1977), the Supreme Court held that “the fundamental constitutional right of access to the courts requires prison authorities...

November 03, 2023

Florida Lawmakers Revise Provisions for LLCs Planning to Issue Securities

By Eric Geringswald | CSC Florida Laws Governing Business Entities Annotated Florida’s General Assembly added or amended more than 40 sections of the state’s business entity laws, including new and revised provisions for securities issuances and transactions. The changes are captured in the 2023 Edition of CSC’s Florida Laws Governing Business Entities Annotated . Changes to the law are listed...

November 02, 2023

New Jersey Provisions Allow for the Conversion of Any Business Entity to a Domestic Corporation

By Eric Geringswald | CSC New Jersey Laws Governing Business Entities New Jersey lawmakers added legislation to the state’s business entity laws allowing conversions and domestications of all entity types, including foreign and domestic corporations. The new law goes into effect on November 4, 2023. Until now, New Jersey business entity law allowed only conversions and domestications of LLCs. Corporations...

November 01, 2023

Colorado Lawmakers Add New Chapter to State's Uniform Commercial Code to Address Digital Assets

By Eric Geringswald | CSC Colorado Laws Governing Business Entities Annotated Colorado's General Assembly added or amended more than 70 sections of the state’s business entity laws during the 2023 legislative session, including a new chapter of the Uniform Commercial Code (UCC) establishing rules for transactions involving digital assets, including virtual currencies, NFTs, and electronic promises to pay...

October 31, 2023

CSC's New York Deskbook is an Essential Resource for Business Law Practitioners

By Eric Geringswald | CSC New York Laws Governing Business Entities Annotated 2023 Legal professionals around the country need a comprehensive and up-to-date resource to handle complex M&A transactions and related corporate litigation for New York entities. CSC's New York Laws Governing Business Entities Annotated provides the content and features practitioners need counsel clients and complete those transactions...

October 05, 2023

Key Updates to 2023 Delaware Business Entity Laws Take Effect, CSC explains

By Eric Geringswald | CSC Delaware lawmakers added or amended more than 40 sections of the state’s business laws governing Delaware corporations and alternative entities during the latest legislative session. Changes went into effect on August 1, 2023. Among the changes were amendments to the DGCL provision concerning certificates of incorporation that reduce the voting threshold necessary to approve certain...

September 04, 2023

Everything You Need to Know About Nevada's 2023 Corporate and Securities Law Amendments with CSC

By Eric Geringswald | CSC Highlights from the 2023 Nevada Legislative Session Nevada's General Assembly concluded the 82 nd legislative session in June, enacting more than three dozen statutory changes affecting corporations, securities, and related sections. Those changes are now pending review by the Legislative Counsel. These latest changes to Nevada’s business entity law are captured in the 2023 Legislative...

August 28, 2023

Major Revisions to Georgia's Nonprofit Laws Highlight 2023 Business Law Update

By Eric Geringswald | CSC Georgia Business Law Georgia legislators approved a number of changes to the state's business entity statutes during the 2023 session, including changes to the securities law to protect elder and disabled adults who may be victims of financial exploitation and a substantial revision of the Georgia Nonprofit Corporation Code. The changes are captured in the 2023 edition of Georgia Laws...

August 25, 2023

Stay Up-to-Date with 2023 Changes to Virginia Business Law

By Eric Geringswald | CSC Virginia Business Law 2023 Virginia business attorneys and professionals take note - the latest edition of Virginia Laws Governing Business Entities Annotated from CSC Publishing and LexisNexis is now available! This indispensable guide has been fully updated with all relevant legislation from the 2023 Virginia Assembly session. What's new in this edition? Readers will find: A list...

August 18, 2023

The Voluntary Payment Doctrine Protects Lenders' Rights to Legal Fees in Mortgage Foreclosures, Per New York Case

By Bruce Bergman | Partner, Berkman, Henoch, Peterson, Peddy & Fenchel, P.C. The Voluntary Payment Doctrine and Mortgage Foreclosures In the real world of mortgage foreclosure , there are events which occur with some apparently increasing frequency: after a foreclosure action has begun, and typically when it has progressed through a number of stages, the borrower, recognizing that the case will be lost, seeks...

August 17, 2023

Why Law Librarians Matter: Fostering Equity in Legal Research for Law Students and Faculty

Law Librarians and Equity In the world of legal education , law librarians stand as the champions of curation, organization, and dissemination of legal information for first-year law students, seniors studying for the bar, and seasoned law professors alike. One aspect of this relationship that can often go unnoticed, however, is the dedication to ensuring that law students and professors have access to the tools they...

August 09, 2023

Why Many States Restrict ‘Pay if Paid’ Contract Terms in Construction Deals - LexisNexis Construction Law

By Steven G. M. Stein | Partner, Stein Ray LLP Pay if Paid Provisions Shift Risk of Non-Payment Downstream Pay if paid provisions are quite common in construction subcontracts, shifting the risk of non-payment by an owner to a general contractor (or a higher tier subcontractor) to the lower tier party. These provisions, unlike pay when paid provisions, leave subcontractors with no right to payment if the flow of cash...

July 26, 2023

Explore the All-New CSC Louisiana Deskbook featuring Up-To-Date Business Entity Statutes and Case Law

By Eric Geringswald | CSC Louisiana Laws Governing Business Entities Annotated CSC has just released the first edition of Louisiana Laws Governing Business Entities Annotated . Published in collaboration with legal publisher LexisNexis®, the book is a comprehensive collection of annotated Louisiana business law statutes that allows practitioners in the state to conduct research more effectively, complete transactions...

July 25, 2023

Wyoming's Legislature Continues to Embrace New Digital Asset Technologies

By Eric Geringswald | CSC The 2023 Wyoming legislative session saw the state continuing to embrace new technology related to blockchain and digital assets. Legislators updated laws governing decentralized autonomous organizations (DAOs) and enacted a new registered digital assets article. Changes include the following: Decentralized autonomous organizations (DAOS) The definition of “publicly available identifier”...

July 24, 2023

CSC’s Oklahoma Statutory Deskbook: An Essential Resource for Legal Professionals in the Sooner State

Oklahoma Laws Governing Business Entities Annotated The 2023 edition of CSC's Oklahoma Laws Governing Business Entities Annotated is now available. This comprehensive resource provides legal professionals with the comprehensive resource they need to counsel clients, and complete transactions, and conduct business. This latest edition features the full text of Title 18 — Corporations and Title 54 —...

July 12, 2023

How Much Should Artificial Intelligence, AI Advertising Be Regulated?

By James B. Astrachan | Partner at Goodell, DeVries, Leech & Dann, LLP Artificial intelligence continues to dominate the news, which is rather remarkable considering all the other happenings of importance. The discussion of dangers posed by artificial intelligence took center stage in Congress when Sam Altman, CEO of OpenAI, told a Senate panel hearing that society is at a “printing press” moment and...

July 11, 2023

Nimmer on Copyright: A Pillar for Copyright Attorneys Past, Present, and Future

Nimmer on Copyright Nimmer on Copyright is such a mainstay in copyright law it has often been called the “Bible of copyright law,” and for good reason. It is the leading treatise on U.S. copyright law – cited in over 3,500 court opinions including citations by every federal court of appeals and the U.S. Supreme Court. Nimmer on Copyright is cited in more than ten times as many cases as leading copyright...

July 05, 2023

Egan on Entities: Understanding Changes to the Texas Business Organization Code and Delaware Business Statutes

By Eric Geringswald | CSC Prominent Texas attorney Byron Egan provides insightful analysis of changes to the Texas Business Organizations Code and Delaware business entity statutes enacted during recent legislative sessions in the Fourth Edition of his comprehensive treatise EGAN ON ENTITIES: Corporations, Partnerships and Limited Liability Companies in Texas . Egan, a partner in the Dallas office of Jackson Walker...

June 29, 2023

Illinois Court Finds No Personal Liability for LLC Members if Operating Agreement Doesn't Include Personal Liability Provisions

By Eric Geringswald | CSC Illinois LLC Personal Liability An Illinois appellate court affirmed a circuit court's finding that members of an Illinois LLC could not be held personally liable for a money judgment owed by their company because the LLC's operating agreement didn't include a provision for the personal liability of members for the company’s debts, and nor had the members agreed in writing...

June 23, 2023

Denying Deaf, Hearing-impaired Inmates an Interpreter Violates the Americans with Disabilities Act

Corrections Solutions This article appears in the Spring 2023  Inmate Litigation Reporter , an exclusive quarterly digest analyzing new legal developments affecting the rights of people in prison -- developed specifically for people in prison.     To learn more about this content and other LexisNexis Inmate Law Library solutions , click here .    Americans with Disabilities Act and Deaf Inmates Key Takeaway: Denying...

June 14, 2023

California Courts say Failure to Pay Arbitration Fees Could have Unfortunate Consequences for Attorneys, Clients

By The Wagstaffe Group California Arbitration Fees California litigators pursuing arbitration take heed: the failure to timely pay arbitration fees could have disastrous consequences for your client. A California appellate court has yet again held that a party’s failure to timely pay arbitration fees will result in a waiver of their right to arbitrate a dispute. As reported by The Wagstaffe Group on numerous...

June 09, 2023

The Changing Landscape of Civil Litigation in Texas with LexisNexis Author Corinna Chandler

Dorsaneo & Chandler's Texas Claims and Defenses Dorsaneo & Chandler's Texas Claims and Defenses is a companion to and is derived from Dorsaneo, Texas Litigation Guide . It examines the major civil causes of action that may be brought in Texas courts of general jurisdiction, as well as the defenses to those claims. A new edition of Dorsaneo & Chandler's Texas Claims and Defenses is available for...

May 30, 2023

Massachusetts Corporation Must Look to Case Law and Business Statutes to Settle Disputes, CSC Can Help

By Eric Geringswald | CSC For Massachusetts attorney Kurt Hemr, disputes involving family businesses and other closely-held corporations call to mind a classic quote from Leo Tolstoy's Ana Karenina : "Happy families are all alike; every unhappy family is unhappy in its own way." In all-new Special Commentary featured in the 2023 Edition of Massachusetts Laws Governing Business Annotated , Hemr examines...