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Features

Challenging Disproportionate Forfeitures Image

Challenging Disproportionate Forfeitures

Harry Sandick, Daniel Ruzumna & Jacqueline Bonneau

<b><i>Part One of a Two-Part Article</b></i><p>In <i>Honeycutt v. United States</i>, the Supreme Court rejected the argument that a federal criminal forfeiture statute permits joint and several liability for criminal asset forfeiture judgments, thereby protecting defendants who were only marginally culpable for a larger offense.

Features

Co-Writer Files Royalties Suit Against Iglesias Image

Co-Writer Files Royalties Suit Against Iglesias

Samantha Joseph

The title of Julio Iglesias's hit song “Me Olvide de Vivir” translates to “I Had Forgotten to Live.” But a Miami songwriter's copyright infringement lawsuit suggests the only thing the famed crooner “forgot” was to pay his collaborator.

Columns & Departments

Real Property Law

ssalkin

Broker Agreed to Commission Based on Rent for First Five Years of Lease<br>Statements in Earlier Action Did Not Accelerate Mortgage and Trigger Statute of Limitations<br>Death Does Not Extend Foreclosure Limitations Period<br>Neighbor Granted Statutory Licence to Paint Fence<br>Record Did Not Establish Conveyance of Easement<br>Co-Tenant Entitled to Partition

Features

Supreme Court Eyes Relaxing Rule on Foreign Patent Damages Image

Supreme Court Eyes Relaxing Rule on Foreign Patent Damages

Scott Graham

<b><i>Despite Possibility of 'Chaos,' Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest</b></i><p>The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.

Features

The Growing Risk of Providing Oral Summaries Image

The Growing Risk of Providing Oral Summaries

Marjorie J. Peerce & Brad Gershel

<b><i>Preserving Privilege in the Wake of SEC v. Herrera and the Government's Increasing Leverage to Obtain Such Disclosures</b></i><p>A Magistrate Judge of the U.S. District Court for the Southern District of Florida held that an “oral download” of outside counsel's interview notes to the SEC resulted in a limited waiver of protection under the attorney work-product doctrine over the underlying interview notes and memoranda. The decision is a significant one, and underscores one of the core challenges facing companies seeking to cooperate with the government during the course of its investigations.

Columns & Departments

Development

ssalkin

Town Entitled To Injunctive Relief for Violation of Certificate of Occupancy

Features

Founders of Cryptocurrency-Focused Tech Company Face Federal Fraud Charges Image

Founders of Cryptocurrency-Focused Tech Company Face Federal Fraud Charges

Colby Hamilton

Two heads of a tech company that raised tens of millions through an initial coin offering for what was sold as the world's first multi-blockchain debit card now face federal civil and criminal charges for allegedly defrauding investors.

Features

Ex-Wife Entitled to Payment from Script Settlement Image

Ex-Wife Entitled to Payment from Script Settlement

Max Mitchell

Settlement proceeds from a writers' dispute involving the film <i>Olympus Has Fallen</i> must be further divided pursuant to one of the writer's divorce agreements, the Pennsylvania Superior Court has ruled.

Features

Leased Property in Bankruptcy: Residential vs. Non-Residential Image

Leased Property in Bankruptcy: Residential vs. Non-Residential

Janice G. Inman

Bankruptcy is a fact of life in the United States. When it happens, the treatment of a lease as either residential or non-residential may be crucial to all parties -- landlords, tenants, subtenants and their counselors.

Features

How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors Image

How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors

Jacob H. Marshall & Randall Klein

As of Jan. 1, 2018, each jointly administered debtor with quarterly disbursements of at least $1,000,000 must pay a fee of 1% of all disbursements, up to $250,000 per quarter. Although this change in the law was only intended to address shortfalls in UST funding, it has taken a little-noticed component of bankruptcy and magnified it into a ticking tax-bomb for unsuspecting debtors and their lenders.

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