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Litigation

  • 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
  • The Supreme Court's decision in Lamar, Archer & Cofrin, LLP v. Appling 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.

    November 01, 2018John A. Thomson, Jr.
  • Obviousness Determination Can Be Different for Apparatus and Method Claims
    Petitioner “Bears the Burden” On Demonstrating Real Parties in Interest

    November 01, 2018Jeff Ginsberg and George Soussou
  • Petrobras Pays $853.2 Million to U.S. and Brazil Authorities to Settle FCPA Charges

    November 01, 2018Collen Snow