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Litigation

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

    November 01, 2018ssalkin
  • 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?

    October 01, 2018William Stroever
  • In September, the European Parliament passed a new draft of the European Union (EU) Copyright Directive legislation championed by content creators and publishers, but decried by tech behemoths. The directive will have to go through more committee discussions and another parliamentary vote before it can become law, but this doesn't mean the polarizing legislation isn't already making in-house counsel nervous.

    October 01, 2018Dan Clark
  • 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