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Litigation

  • The Court of Appeals of Nevada recently affirmed in part and reversed in part a lower court's holding, reinstating a tenant's claim for breach of the covenant of quiet enjoyment stemming from the behavior of the claimant's co-tenants. Here's why this case matters.

    October 02, 2017ljnstaff | Law Journal Newsletters
  • Barclays Center, Levi's Stadium, Golden 1 Center, Mercedes-Benz Stadium, Hard Rock Stadium — any sports fan or concert-goer can rattle off these names as venues of spectacular games and top-notch musical performances. What is behind those names? Naming rights transactions, which are increasingly popular thanks to their unique intersection of advertising, promotional opportunities, and headline-grabbing financial terms.

    September 02, 2017Rich Brand and Christina L. Campbell
  • "Star Wars is still Star Wars, even without Princess Leia's bikini scene," said federal Circuit Judge Andrew D. Hurwitz in denying an appeal by the movie-filtering service VidAngel to lift an injunction that has kept its technology off the market since December 2016.

    September 02, 2017Todd Cunningham
  • Intellectual property battles in technology, including in the entertainment industry, are nothing new, but their nature might be shifting. These days, many of the big IP litigation battles have nothing to do with patents, trademarks or copyrights. Instead, it's all about trade secrets.

    September 02, 2017Zach Warren
  • What's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.

    September 02, 2017Todd Cunningham
  • When it comes to practicing litigation, the use of technology is no longer optional. What is optional, however, is under which business model firms deliver this service to their clients, and how to determine which model balances the most value — to the client and the firm.

    September 02, 2017Stephen Cole
  • In a case brought against former baseball player Lenny Dykstra by a social media ghost writer, the U.S. District Court for the Southern District of New York has offered the additional lesson that a writing other than a formal settlement agreement may constitute an enforceable agreement — even if one of the parties expects that additional "standard" provisions will be added to the agreement.

    September 02, 2017Thomas E.L. Dewey
  • The U.S. Supreme Court will soon decide the long-awaited issue of whether corporations can be liable under the Alien Tort Statute (ATS), enacted by the First Congress more than 225 years ago.

    September 02, 2017Lanier Saperstein and Carol Lee
  • Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation

    With the Supreme Court's decision in Alice, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.

    September 02, 2017Louis L. Touton, Steven J. Corr and Nickou Oskoui
  • The Library of Congress' Copyright Royalty Board, the panel of three judges who set copyright royalty rates and settle related disputes, announced the launch of an electronic filing and case management system in an effort to streamline its manual and cumbersome case management processes.

    September 02, 2017Rhys Dipshan