Features
Analysis of Recent Real Estate Sector Bankruptcy Rulings
Analysis on distressed real estate cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case.
Columns & Departments
IP News
Federal Circuit: ITC Did Not Err In Finding Violation of Section 337 Federal Circuit: PTAB Did Not Err In Claim Construction and Finding Certain Claims Obvious
Columns & Departments
Real Property Law
No Adverse Possession Because Possessor Had No Reasonable Basis for Belief Quiet Title Claim Dismissed When Claimant's Deed Was the Product of Scrivener's Error Action to Remove Cloud On Title Not Barred By Statute of Limitations Obstruction of View Not a Nuisance Unrecorded Easement Binding On Servient Owner With Actual Notice Nominal Damages Available for De Minimis Encroachment
Columns & Departments
Bit Parts
Justin Timberlake Appeals After His Anti-SLAPP Motion Fails to Stick In Documentary Deal Litigation Texas Federal Magistrate Finds California Unfair Competition Claim Should Be Ejected from Litigation Between Talent Agencies and That Dispute Should First Be Heard by California Labor Commissioner TV/Film Development Software Can Be Trade Secret
Features
All the News That's Fit to Pinch
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
Columns & Departments
IP News
In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.
Features
Landmines In Bankruptcy Practice, Part II
By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year.
Features
Can Anti-SLAPP Motion Denials Be Immediately Appealed?
In a move of keen interest to the entertainment industry, the full U.S. Court of Appeals for the Ninth Circuit has agreed to review whether a judge's denial of a motion to strike a California Strategic Lawsuits Against Public Participation suit can be immediately appealed by the defendant who claims the case was brought solely to chill its speech.
Features
DE Bankruptcy Court Decision Provides Reminder of Potential Consequences of Violating the Automatic Stay
An opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.
Features
How New York Times' Lawsuit Over AI Software Copying Differs From Prior Copyright Complaints
The New York Times' copyright infringement lawsuit against OpenAI and Microsoft is said to be AI's "Napster Moment." But observers are torn about the case's legal merits, citing differing views around how exactly AI "Large Language Models" are trained.
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