Litigation

  • Carrot Replaces Stick: Corporate Crime Enforcement In the Trump Administration

    Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.

    May 01, 2019Joseph F. Savage, Jr. and Marielle Sanchez

  • Hey! That's My Move!

    Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing The U.S. Supreme Court just crashed the copyright world's latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.

    May 01, 2019Erin Hennessy, Annie Allison and Logan Kotler

  • Navigating the Two Sides of Amazon's Take-Down Process

    In this article, we explain how copyright, trademark and patent infringement issues unfold on Amazon by describing the process for rights holders to report infringement, and the impact of successful infringement take-down requests.

    May 01, 2019Edward Weisz and Alanna Miller

  • Judicial Skepticism Mounts Over the Use and Reach of Appellate Waivers

    A defendant who pleads guilty is usually required to waive a host of constitutional and statutory rights, such as the right to a jury trial, the right to confront and cross-examine adverse witnesses, the right to testify and present evidence. However, many defendants are also required to waive their right to appeal in order to receive a favorable plea agreement with the government.

    May 01, 2019Harry Sandick and Danielle Quinn

  • Commercial Lease Terms: More Issues to Cover

    Part Two of a Two-Part Article


    Last month we began discussion of several topics of interest to tenants and landlords as they negotiate leases for commercial space. We continue here with more items that should not be overlooked by either party to a commercial lease during its formulation.

    May 01, 2019Alan Nochumson

  • IPR Estoppel: The Present and the Future

    IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.

    May 01, 2019John P. Isacson

  • EU Commission Alleges Video-Game Geoblocking

    The European Commission has charged Valve Corp., the owner of Steam video-game distribution platform, and five video-game publishers with breaking European Union (EU) competition rules through their use of geoblocking, which restricts access to digital content on a territorial basis.

    May 01, 2019Simon Taylor

  • Should Trump's Foreign Policy Affect Criminal Prosecutions?

    Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal.

    May 01, 2019Robert J. Anello and Kostya Lantsman

  • Fifth Circuit Blocks Fraudulent Transferee's Good Faith Defense

    "A … transferee [who] received fraudulent transfers with actual knowledge or inquiry notice of fraud or insolvency" loses any "good faith" defense available under the Texas version of the Uniform Fraudulent Transfer Act (TUFTA), held the Fifth Circuit in Janvey v. GMAG, LLC

    May 01, 2019Michael L. Cook

  • Bit Parts

    Rick Ross Defeats Trademark Suit over Mastermind Album
    TV Host's Course of Conduct During Life Bars Estate From Getting His IP and Publicity Rights

    May 01, 2019Stan Soocher