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Will Presumptive Injunctions Against Infringers Be Relics of the Past?
In American law, courts exercise their awesome powers through injunctions. Courts have used injunctions to implement decisions addressing many of the most divisive social issues of the day: from integrating public schools to even arguably affecting presidential elections. E.g., Bush v. Gore, 531 U.S. 98 (2000) (enjoining Florida ballot recount); Brown v. Board of Education, 349 U.S. 294 (1955) (directing district courts to supervise “transition to a system of public education freed of racial discrimination”). See New York Times Co. v. United States, 403 U.S. 713 (1971) (refusing to grant injunction to prevent publication of “Pentagon Papers”).
An injunction, essentially, is a court order commanding someone to do some action, or prohibiting someone from doing some action. Injunctions thus present an “equitable” alternative to the conventional “legal” remedy of awarding monetary damages that is both flexible and potent. Thus, injunctions have been described as the “quintessential” remedy of a court of equity.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."