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Litigation

  • Part One of a Two-Part Article

    In Honeycutt v. United States, 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.

    May 01, 2018Harry Sandick, Daniel Ruzumna and Jacqueline Bonneau
  • 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.

    May 01, 2018Samantha Joseph
  • Broker Agreed to Commission Based on Rent for First Five Years of Lease
    Statements in Earlier Action Did Not Accelerate Mortgage and Trigger Statute of Limitations
    Death Does Not Extend Foreclosure Limitations Period
    Neighbor Granted Statutory Licence to Paint Fence
    Record Did Not Establish Conveyance of Easement
    Co-Tenant Entitled to Partition

    May 01, 2018ssalkin
  • Despite Possibility of 'Chaos,' Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest

    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.

    May 01, 2018Scott Graham
  • Preserving Privilege in the Wake of SEC v. Herrera and the Government's Increasing Leverage to Obtain Such Disclosures

    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.

    May 01, 2018Marjorie J. Peerce and Brad Gershel
  • Town Entitled To Injunctive Relief for Violation of Certificate of Occupancy

    May 01, 2018ssalkin
  • Settlement proceeds from a writers' dispute involving the film Olympus Has Fallen must be further divided pursuant to one of the writer's divorce agreements, the Pennsylvania Superior Court has ruled.

    May 01, 2018Max Mitchell
  • 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.

    May 01, 2018Jacob H. Marshall and Randall Klein