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Litigation

  • 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.

    April 02, 2017ljnstaff | Law Journal Newsletters
  • SCA Hygiene Products v. First Quality Baby Products

    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.

    April 01, 2017Scott Graham
  • Most real estate practitioners are well acquainted with the Yellowstone 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.

    April 01, 2017Alexander Lycoyannis
  • 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.

    April 01, 2017Stephen Levey
  • 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.

    March 02, 2017Syed S. Ahmad and Matthew T. McLellan
  • 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.

    March 02, 2017Tom McParland
  • 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.

    March 02, 2017Katheryn Hayes Tucker and Zack Needles
  • In the aftermath of the financial crisis, government regulatory agencies, such as the SEC, have aggressively pursued civil enforcement actions to combat financial fraud. However, their efforts to extend their ability to seek monetary penalties and fines outside of relevant limitations periods have been recently rebuffed by the courts.

    March 02, 2017Jonathan B. New and Marco Molina