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Litigation

  • Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings
    Citing 'Steep Burden' on Plaintiffs, Federal Circuit Denies Use of 'Entire Market Value Rule' in Cases Involving Multicomponent Products

    August 01, 2018Howard Shire and Adam Fisher
  • Unaoil Charged with Corruption by SFO

    August 01, 2018Colleen Snow
  • Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.

    August 01, 2018Deborah Williamson, Mark Andrews and Richard Y. Cheng
  • Cryptocollectible Concept Denied Trade Secret Protection
    Jefferson Starship Co-Founder Loses Anti-SLAPP Motion Against Current Members of Band

    August 01, 2018Stan Soocher
  • As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment's privacy protections are evolving. The critical question in Fourth Amendment cases is whether a person has a “reasonable expectation of privacy in the information or event.”

    July 01, 2018Jonathan S. Feld, Dante Stella and Christina Brunty
  • The U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States' Sweeping Opioid Epidemic

    The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.

    July 01, 2018Nekia Hackworth Jones
  • “Federal law does not prevent a bona fide shareholder from exercising its right to vote against a bankruptcy petition just because it is also an unsecured creditor,” held the U.S. Court of Appeals for the Fifth Circuit in In re Franchise Services of North America, Inc. According to the court, applicable Delaware law would not “nullify the shareholder's right to vote against the bankruptcy petition.”

    July 01, 2018Michael L. Cook
  • One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.

    July 01, 2018Kelly D. Stohs and David P. Vallas
  • Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?

    July 01, 2018Stewart E. Sterk
  • Part One of a Two-Part Article

    The Tax Act is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.

    July 01, 2018Peter M. Fass