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Features
The attorney-client privilege is a critical component in the legal process but its protection is constantly being challenged in complicated corporate investigations. There are measures that attorneys should, where possible, take steps to mitigate the risk of losing the privilege.
Features
Part One of a Three-Part Series When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.
Features
Although Subchapter V may create a clearer path to confirmation, debtors must be aware of, and (absent an extension by the court) comply with, the more stringent timing requirements, such as the requirement of filing a plan within 90 days after filing bankruptcy.
Columns & Departments
Rapper 50 Cent filed a right-of-publicity lawsuit against Angela Kogan and her company Perfection Plastic Surgery & MedSpa in Florida Southern District…
Features
The Third Circuit recently affirmed a bankruptcy court's denial of a defendant's motion to disqualify the plaintiff's law firm in a large adversary proceeding, holding that it had not abused its discretion because the plaintiff law firm had "complied with" ABA Model Rule of Professional Conduct 1.10(a)(2).
Features
Commercial landlords should consider the steps they can take when drafting and negotiating their commercial leases to minimize the adverse impact of the claim cap in the event of a tenant bankruptcy and ensuing lease rejection.
Features
In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider "the meaning of the accused work where it 'recognizably deriv[es] from' its source material." The case may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.
Features
In an important recent U.S. Court of Appeals for the Fifth Circuit decision, the court explored whether exculpation provisions protecting more than just the debtor and committee are appropriate.
Features
Many landlords are loyal to their tenants and only increase rates at the end of the current lease. Others take a more aggressive approach. They actively find creative ways using lease restrictions to evict tenants. While this isn't necessarily fair, it is legal.
Columns & Departments
Federal Circuit: Trade Dress Imitation In the Ninth Circuit