The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the "abstention doctrine," despite the declaratory judgment plaintiff's insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts' exclusive purview.
- January 01, 2021Rudy Kim and James Hancock
By further expanding access to a streamlined Chapter 11 process, the SBRA will ensure that a wider array of debtors have the ability of reorganizing themselves, when Chapter 11 was previously too cost-prohibitive for such debtors.
January 01, 2021Jack O'ConnorPart One of a Two Part Article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.
January 01, 2021Gwendolyn SealeEarly returns are in, and they indicate that the Supreme Court's decision in the so-called "Bridgegate" case will be an effective tool for pruning the wild overgrowth that has built up around the federal fraud statutes.
January 01, 2021Gary SteinUse Variance Not Necessary for Use of Home As AirBnB Rental Merger of Back-to-Back Lots
January 01, 2021Stewart SterkA lender's state law tort claims against "non-debtor third-parties for tortious interference with a contract" were "not preempted" by "federal bankruptcy law," held the New York Court of Appeals.
January 01, 2021Michael L. CookA recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding the critical importance of preserving documentary evidence in a timely and appropriate manner.
January 01, 2021Daniel J. Melman and Sarah BenowichThis article addresses and updates the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
January 01, 2021Adam Leitman Bailey and John M. DesiderioStranger to the Deed Rule Does Not Bar Easement Claim Misconduct By Mortgagor's Lawyer Voids Foreclosure Sale Permissive Exclusive Use of Common Driveway Does Not Extinguish Easement Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
January 01, 2021Stewart SterkIt took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.
January 01, 2021Scott Graham





