Litigation

Features

The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.

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Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.

Columns & Departments

Brian Wilson's Ex-Wife Wins Remand Back to State Court of Her Claim to Share of Revenues from Sale of His Song Catalog

Columns & Departments

Claimants Failed to Establish That Property Would Have Been Rezoned Increased Award Proper Where Prior Regulation Might Have Constituted a Taking

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Federal Circuit Affirms District Court's Decision That an Artificial Intelligence Software System Cannot Be Listed as an Inventor on a Patent Application Federal Circuit Affirms District Court's Partial Award of Attorney's Fees

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A compilation of commercial real estate rulings in courts across the country.

Features

How far back from accrual of a claim may a plaintiff reach for copyright damages?

Features

In July, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, a decision that began by posing the question: "Can a banana taped to a wall be art?"