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Litigation

  • We asked University of Idaho College of Law Professor Annemarie Bridy, one of the forefront experts in both DMCA and automated notice sending, about out of control bots, DMCA takedowns' potential threat to freedom of speech and more.

    October 01, 2018Ian Lopez
  • Lessons Learned from Recent Settlements and Decisions

    Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government.Although, when announcing its focus, the government listed treatment options are not always clear. What these settlements often have in common is that the underlying complaints allege that the services that were rendered and reimbursed lacked medical necessity.

    October 01, 2018Jacqueline C. Wolff
  • A rap video posted to Facebook crossed the line from artistic to threatening when its lyrics described violent acts, named two Pittsburgh police officers and suggested the rappers knew where those officers lived, the Pennsylvania Supreme Court said in holding it was not protected by the First Amendment.

    October 01, 2018Max Mitchell
  • In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.

    October 01, 2018Timothy Hill
  • Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord's consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.

    October 01, 2018Marisa L. Byram and Wheeler Frost
  • Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

    October 01, 2018Robert W. Clarida and Robert J. Bernstein
  • How Lenders and Debtors can Minimize UST Fees and Maximize Creditor Recoveries

    As predicted in the first part of this article (May, 2018), the new United States Trustee (UST) fee has had a disproportionate effect on middle-market, high-velocity cash flow companies. The best solution is for Congress to revisit the fee structure and refine it to reflect the realities of particular cases and the actual burden on the UST.

    October 01, 2018Jacob H. Marshall
  • It seems fitting that a new movie that highlights racism and inequity in the American prison system is the first Hollywood production to apply a policy aimed at increasing diversity and inclusion both in front of and behind the camera.

    October 01, 2018Kristen Rasmussen
  • Neighborhood Garden Users May Establish Adverse Possession Claim
    Purchaser Entitled to Return of Down Payment Upon Revocation of Mortgage Commitment After Expiration of Contingency Period
    Law Firm Not Liable to Non-Client for Turnover of Escrow Funds
    Law Firm Not Exempt From Claim Under RPL 265-B
    Presumption of Due Execution Rebutted
    Title Insurance Regulation Annulled

    October 01, 2018ssalkin