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Litigation

  • The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.

    November 01, 2018Anthony J. Dreyer and Andrew Green
  • In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.

    November 01, 2018Janice G. Inman
  • A man claiming to have been cheated out of credit for writing a song that was eventually recorded by R&B star Usher won a more than $40 million judgment in a combined verdict and settlement against two men he co-wrote the song with. And the copyright case against Led Zeppelin by the band Spirit over "Stairway to Heaven" will return for an encore after the U.S. Court of Appeals for the Ninth Circuit called for a retrial.

    November 01, 2018Max Mitchell and Scott Graham
  • The Detail Dilemma

    How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.

    November 01, 2018Daniel R. Saeedi
  • The FARA feeding frenzy had already been building in recent years, but it gained traction in the months since Manafort's indictment last fall.

    The U.S. Justice Department's aggressive enforcement of the Foreign Agents Registration Act (FARA) has drawn blood throughout the consultant class in Washington, with lawyers assessing the casualties and prowling for new business.

    November 01, 2018Ryan Lovelace
  • Former CFO of Bankrate Sentenced to 10 Years in Prison for $25 Million Fraud Scheme

    November 01, 2018Colleen Snow
  • 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.

    November 01, 2018Menachem J. Kastner and Ally Hack
  • Friday the 13th Screenplay Author's Copyright Termination Notice Found Valid
    Infringement Suit over Justin Timberlake's “Damn Girl” Allowed to Proceed

    November 01, 2018Stan Soocher
  • 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 In re Murray.

    November 01, 2018Michael L. Cook