Litigation

Features

The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.

Columns & Departments

<i>Friday the 13th</i> Screenplay Author's Copyright Termination Notice Found Valid<br>Infringement Suit over Justin Timberlake's “Damn Girl” Allowed to Proceed

Features

A bankruptcy court properly dismissed a creditor's involuntary bankruptcy petition “for cause” when it “would serve none of the Bankruptcy Code's goals or purposes … and [when] the sole [petitioning] creditor is not substantially prejudiced by remedies available under state law,” held the U.S. Court of Appeals for the Second Circuit in </i>In re Murray.</i>

Features

The Supreme Court's decision in <i>Lamar, Archer &amp; Cofrin, LLP v. Appling</i> has significantly constricted the range and nature of statements that will support a successful objection by a creditor to the discharge of a debt that was obtained by the statements in question. This constriction could have a very real impact on how entities that loan money or provide services on credit review and collect information regarding a borrower's creditworthiness.

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Obviousness Determination Can Be Different for Apparatus and Method Claims<br>Petitioner “Bears the Burden” On Demonstrating Real Parties in Interest

Columns & Departments

Petrobras Pays $853.2 Million to U.S. and Brazil Authorities to Settle FCPA Charges

Columns & Departments

Subtenants Not Entitled to Notice Under Law<br>Illegal Tenant Activity Negates Insurer's Responsibility to the Landlord

Features

Following the “Brexit” vote by the United Kingdom signaling its intent to leave the European Union, there was a rush of speculation and guesswork about how EU trademark and design rights would be treated. What progress has been made and what obstacles remain to a smooth transition?