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Litigation

  • Finjan, Inc. v. Blue Coat Sys., Inc.

    The Federal Circuit ruled that basing a reasonable royalty calculation on the “smallest salable unit” does not obviate the need to apportion damages to the patented contribution within that unit.

    March 01, 2018Matthew Siegal
  • Understanding the factors leading up to these bankruptcies, as well as the strategies used by retailers to emerge from bankruptcy, can give retailers significant knowledge about trends in consumer spending and how retailers can improve their overall positions going forward.

    March 01, 2018Corali Lopez-Castro and Mindy Y. Kubs
  • A Northern California craft brewery lost an early attempt to knock out a lawsuit brought by the son of jazz legend Thelonious Monk, who claims the brewery uses Monk's name and likeness without permission.

    March 01, 2018Ross Todd
  • Failure to Require SEIS Not Arbitrary
    Board of Fire Commissioners Lacks Standing to Challenge SEQRA Determination
    Challenge to Pilot Agreement Reinstated
    Statute of Limitations Bars Challenge to Excessive Height
    Billboard Regulation Upheld

    March 01, 2018ssalkin
  • How Lenders to BREs Can Reduce the Risk of Debtor Bankruptcy Without Compromising Public Policies

    Structured financing transactions, including those pertaining to commercial real estate, make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as “bankruptcy-remote entities,” or “BREs,” these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.

    March 01, 2018Pamela J. Martinson
  • “Dead Man Statute” No Bar to Testimony About Alleged Oral Contract for Share of Royalties from Ben E. King Songs
    Eleventh Circuit Sees No Personal Jurisdiction in Malpractice Lawsuit Against Law Firm that Handled Concert Industry Litigation
    Tax Court Finds No Profit Motive in Music Club Operation

    March 01, 2018Stan Soocher
  • The details might not be quite as dramatic as they were in Waymo v. Uber, but lawyers expect trade secrets to continue to be a fertile source for litigation.

    March 01, 2018Ross Todd
  • In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.

    March 01, 2018Barry M. Klayman and Mark E. Felger