Litigation

Quiet Title Action Subject to Statute of Limitations Foreclosure Sale Purchasers Not Subject to Claim By Former Owners Specific Performance Denied Because Buyer Did Not Establish That It Was Ready to Close

On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.

Force majeure is lurking in the shadows of the Hollywood strikes, offering struggling studios a potential lifeline out of debt. But the best attorneys and the strongest contracts are proactive, rather than reactive. Thus, consider the following drafting tips to strengthen your force majeure language now, in the calm before the next storm.

Among the risks of cryptocurrency exchanges are bankruptcy risk and fraud, including: the inalienability of account claims, holding an unsecured claim versus an entitlement to the return of coin, and bankruptcy preference risk.

The U.S. Bankruptcy Court for the Southern District of New York summed up the importance of the determination as to when a bankruptcy case is actually filed of record, thereby triggering the imposition of the automatic stay and found that the "upload" time of a bankruptcy filing — and not the time physically "stamped" on a bankruptcy petition — determines when a case is commenced. In doing so, the Bankruptcy Court offered direction and guidelines that debtors and creditors will be well advised to observe in future cases.

Termination is not automatic. It may be effected only through affirmative action on the part of the author or his or her statutory successors, who must serve an advance notice, signed by or on behalf of all of those entitled to terminate the grant, on the current copyright owner within specified time limits and under specified conditions.

A sharply divided U.S. Court of Appeals for the Fourth Circuit ruling shielding a nondebtor in bankruptcy proceedings from asbestos lawsuits underscores the wider and growing divide among judges across the country on the bounds of Chapter 11 protection and corporations' use of the "Texas two-step" to address mass tort litigation.

They say every defendant deserves an attorney, and that surely includes a former president, but how does a lawyer defend someone facing multiple indictments in multiple districts all while they're running a campaign to return to the White House? Several white-collar defense attorneys who spoke with Business Crimes Bulletin's ALM sibling The National Law Journal have some ideas.