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Features
In In re Bryant, the U.S. Bankruptcy Court for the Middle District of Georgia determined that a lender's UCC-1 financing statements were "seriously misleading" under the Georgia Commercial Code because the financing statements identified the individual debtor with his middle name abbreviated.
Features
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
Columns & Departments
Summary Judgment Premature on Discrimination Claim Defect In Recording Insufficient to Defeat Mortgage Priority
Features
Buyers generally assume that the multi-page "free and clear" order, which typically follows the sale hearing, will insulate them from any of the seller's current (and often) future liabilities. However, that is not always the case.
Columns & Departments
Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgment of Invalidity under 35 U.S.C. §101 Federal Circuit Holds that Pendency of Motions Unrelated to Interlocutory Judgment Does Not Toll 30-Day Limit to File Notice of Appeal
Features
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
Features
Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.
Features
Activision Blizzard and a trial team led by San Francisco-based Durie Tangri partner Daralyn Durie recently faced down a $400 million copyright suit in the Eastern District of Texas. In this Q&A, Durie talks about the strategy and the theatrics of the four-day trial.
Features
Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.
