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ljnstaff & Law Journal Newsletters

Discussion of two recent rulings of interest.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ljnstaff & Law Journal Newsletters

On March 3, Stanley Jonathan Fortenberry was sentenced to 78 months in prison for operating fraudulent investment companies and obstructing a Securities and Exchange Commission (SEC) investigation. Here's an analysis of the case.

Features

A Primer for the Entertainment Industry on the Use of Blockchain Technology Image

A Primer for the Entertainment Industry on the Use of Blockchain Technology

Emile Loza de Siles

This article familiarizes lawyers with cryptocurrency and, particularly, the enabling blockchain technology, methodologies and systems.

Features

Supreme Court Ends Laches Defense in Patent Cases Image

Supreme Court Ends Laches Defense in Patent Cases

Scott Graham

<b><i>SCA Hygiene Products v. First Quality Baby Products</i></b><p>The U.S. Supreme Court on March 21 ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.

Features

<b><i>Yellowstone</i></b> Injunctions When Prompt Cure Is Impossible Image

<b><i>Yellowstone</i></b> Injunctions When Prompt Cure Is Impossible

Alexander Lycoyannis

Most real estate practitioners are well acquainted with the <b><I>Yellowstone</I></b> injunction and its importance in preserving the status quo while allegations that a commercial tenant has breached its lease are litigated. But the third Yellowstone prong — timeliness of the motion — is especially important.

Features

Court Rules That Professional Fees May Not Be Capped by Standard Carve-Out Provisions Image

Court Rules That Professional Fees May Not Be Capped by Standard Carve-Out Provisions

John C. Tishler & Tyler N. Layne

Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

Features

Challenges in Drafting a Restaurant Exclusive Use Clause Image

Challenges in Drafting a Restaurant Exclusive Use Clause

Stephen Levey

The reasonable and typical middle ground in the struggle between the parties regarding the scope of the "exclusive" is to protect only a tenant's "core" or "primary" business. Using such an approach, if properly drafted, will allow the tenant to avoid the two-coffee-shop situation, but will still permit the landlord to lease to multiple tenants with overlapping but not fundamentally competing uses.

Features

Judicial View on 'Arising Out of' Exclusion in Bill Cosby Policy Image

Judicial View on 'Arising Out of' Exclusion in Bill Cosby Policy

Syed S. Ahmad & Matthew T. McLellan

The claims over the last few years by numerous individuals who allege sexual misconduct by comedian Bill Cosby have also led to disputes about the obligation of Cosby's insurers to pay for his defense attorneys and any eventual settlements or judgments. A decision by a federal district court in Massachusetts, where Cosby lives, addresses these disputes.

Features

Choice of Law Bars Rapper's Defamation Case Image

Choice of Law Bars Rapper's Defamation Case

Tom McParland

A Delaware federal judge dismissed a defamation suit by a rapper formerly affiliated with the hip-hop group Wu-Tang Clan who claimed media outlets falsely reported that he attempted a grisly act of self-mutilation and attempted suicide.

Features

Pre-1972 Recordings Case Against Sirius In GA Hits Spotlight Image

Pre-1972 Recordings Case Against Sirius In GA Hits Spotlight

Katheryn Hayes Tucker & Zack Needles

A few days before the Second Circuit published its decision ordering the dismissal of Flo & Eddie's closely watched class-action lawsuit against Sirius XM Radio over the use by the satellite provider of pre-1972 sound recordings, the Georgia Supreme Court heard arguments in a class action case against iHeartMedia over its use of pre-1972 sound recordings.

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