Features
Challenging Disproportionate Forfeitures
<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
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
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
<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
<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
Town Entitled To Injunctive Relief for Violation of Certificate of Occupancy
Features
Founders of Cryptocurrency-Focused Tech Company Face Federal Fraud Charges
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
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
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
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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