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Litigation

  • Miami Agrees to Settle Costly Island Development Dispute After Losing Key Ruling Breach of Lease By Subsidiary Does Not Justify Piercing Corporate Veil Tenant Not Entitled to Preliminary Injunction Requiring Landlord to Co-Operate

    February 01, 2020ssalkin
  • Can tenants maintain a class action against landlords asserting a pattern and practice of illegal conduct when the various plaintiff tenants have been injured by different forms of allegedly wrongful conduct?

    January 01, 2020Stewart E. Sterk
  • Certificate of No Exterior Effect Upheld

    January 01, 2020ssalkin
  • Statute of Limitations Did Not Bar Foreclosure Action Nuisance Claim Arising Out of Environmental Remediation Not Barred By Statute of Limitations Mortgage Contingency Clause Did Not Give Buyer Right to Cancel Mortgagor Did Not Prove Damages Arising Out of RESPA Violation Questions of Fact Preclude Summary Judgment on Whether Adverse Possession Extinguished Easement

    January 01, 2020ssalkin
  • This article discusses the jurisprudence applied to determining patent eligibility of claims for diagnostic methods, and the expectation for changes in analysis of patent eligibility under §101 in the near future.

    January 01, 2020Leslie Kushner
  • Documents are the lifeblood of any law firm. The documents that a firm produces are its greatest asset, especially the intellectual property — trade secrets, patent information, etc. — contained in those documents, yet firms historically have not made sufficient efforts to safeguard those documents from both internal and external threats.

    January 01, 2020Matthew Calcagno
  • It's a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. Claims like this do not often succeed because "words and short phrases such as names, titles, and slogans" are "not subject to copyright."

    January 01, 2020Robert W. Clarida and Robert J. Bernstein
  • Federal Circuit Holds PTAB Judges Unconstitutional, Constructs a Fix—But Not All Judges Agree on What Happens Next

    January 01, 2020Joshua R. Stein and Jeff Ginsberg