Features

Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
Features

The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts
A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.
Features

Start 2024 By Embracing the Synergy Between Retirements and Succession Planning
Attorneys retiring and succession planning are critical issues are often overlooked at the management level of law firms. A key question arises: What should come first, retirement or succession planning? Although they go hand in hand, many firms avoid addressing both.
Features

The Importance of Cyber Vigilance: Control Liability and Litigation Exposure
This article covers cyber trends and tips for organizations to explore in order to be better equipped to anticipate and respond to cyber incidents before a devastating breach occurs. The outcome? Diminished chance of class action activity, compliance violations, lost business, and mounting costs.
Features

Litigation Finance Offers Significant Benefits for Restructuring Matters
In today's volatile economic climate, companies need to be more creative to find ways to mitigate risk. Litigation finance is one of those out-of-the-box solutions that can provide benefits.
Features

Experience Management: Selecting Best of Breed Solutions for Better Business Outcomes
Experience management is vital not only in terms of raw time savings and cost efficiencies but is pivotal in the firm's ability to win new business.
Features

Leveraging Data and Deal Terms to Meet the Demands of the DOJ's New M&A Safe Harbor
This article describes the DOJ's new M&A safe harbor policy and also provides practical insights on how companies engaged in M&A can meet the DOJ's expectations.
Features

Ninth Circuit Focuses On Extrinsic Test In Ruling On Choreography Copyright
Reversing and remanding, the Ninth Circuit emphasized: "The district court's approach of reducing choreography to 'poses' is fundamentally at odds with the way we analyze copyright claims for other art forms, like musical compositions."
Features

Second Circuit Likely to Deliver Big Win for Commercial Shopping Center Lessor
The U.S. Court of Appeals for the Second Circuit, on remand from the Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by the Bankruptcy Code after the debtor's assignment of its lease.
Features

When Is A Real Estate Instrument Filing Fee An Unauthorized Tax?
Litigation pending in the Suffolk County Supreme Court is challenging fees charged for tax map verifications on real estate instruments filed with the county clerk as unauthorized taxes.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›