Litigation

Sentencing for Two Bankers in Zürcher Kantonalbank of Switzerland Case

Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass
Resulting Trust Found Where Commercial Property Held in Just One Partner's Name

The Eighth Circuit affirmed the lower courts' dismissal of a bankruptcy trustee's $250 million fraudulent transfer suit against two banks (the Banks), rejecting the so called “Ponzi scheme presumption” that “allows a creditor to by-pass the proof requirements of a fraudulent-transfer claim by showing that the debtor operated a Ponzi scheme and transferred assets 'in furtherance of the scheme.'”

Complaints to Amazon by TV Show Host and His Attorney Didn't Constitute DMCA Notices
No Actual Malice by Defendants in Libel Suit over Composite Character in Film

Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension
Federal Circuit Holds Assignor Estoppel Does Not Apply in IPR Context
Federal Circuit Reverses District Court Holding of Patent Ineligibility of Computer Security Patent

Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law

In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.

Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim
Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School
Mortgagor's Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage
Failure to Construct Facility Triggers Reverter Provision in Deed
Questions of Fact About Whether Buyers Had Made Time of the Essence
No Equitable Mortgage When Statute of Limitations Bars Written Mortgage
Cotenant Entitled to Partition with Accounting