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A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.
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In the past several years, plaintiffs' firms have threatened or brought class actions against different companies under New Jersey's Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
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<b><i>Part Two of a Three-Part Article</i></b><p>Notwithstanding the absence of an explicit gag order in the statute, the DOJ takes the position that, even if the relator properly files the case under seal at the outset, that relator can later “breach the seal,” and be subject to judicial sanction, if he or she discloses the existence of the <i>qui tam</i> to others.
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The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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In a drug or medical device injury case, one of the defense's most potent arguments is often that the product in question underwent FDA approval, so the balance of its safety and efficacy has already been determined. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.
Columns & Departments
Federal Circuit Affirms Finding That Rembrandt's Patent Is Not Infringed by Apple's Accused Products<br>District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party's Venue Objections In Light of <i>TC Heartland</i><brPTAB Decision Invalidating AIP Internet Network Patent Affirmed on Appeal
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Bankruptcy “does not constitute a per se breach of contract and does not excuse performance by the other party in the absence of some further indication that the [debtor] either cannot, or does not, intend to perform,” held the Supreme Court of Connecticut in a lengthy opinion on Nov. 21, 2017. This article presents an analysis of the ruling.
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Analysis of a case in which a moratorium was invalidated.
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In 2017, two cases illustrated that Delaware courts continue to impose exacting pleading burdens on <i>Caremark</i> claims, especially when plaintiffs say that they are excused from making a demand on the board before suing derivatively.
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Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this section will focus on informal methods of acquisition.