Litigation

  • Weighing the Benefits: How Much Weight Will Your Survey Have in Court?

    As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.

    August 01, 2020Rene Befurt, Marie Warchol and Anthony Nasr

  • Bit Parts

    DGA's "Qualification List" Isn't a "Labor Organization" Under Georgia Law Unlicensed Use of Van Halen Photo in Conjunction With Museum Exhibit Ruled Fair Use

    August 01, 2020Stan Soocher

  • The Bankruptcy Code's Anti-Discrimination Section and COVID-19

    The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.

    August 01, 2020Andrew C. Kassner and Joseph N. Argentina Jr.

  • IP News

    Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination Federal Circuit: Notice to Market Bio Product Not Negated By New Applications

    August 01, 2020Howard Shire and Shaleen Patel

  • The ABCs of Assignments for the Benefit of Creditors (ABCs)

    General assignments for the benefit of creditors (ABCs) have been and continue to be a popular business liquidation device for the orderly wind down of corporations, limited liability companies, and even nonprofit corporations and general partnerships. Just as in bankruptcy, an ABC can also be used to facilitate a going-concern sale of the debtor's assets to a third-party. Includes an interactive state-by-state map.

    July 31, 2020Mark S. Melickian and Hajar Jouglaf

  • Legal Tech: How to Streamline Your eDiscovery and Plan for the Future 

    At law firms, attorneys will need to sustain the high quality of work they do in normal times, albeit with reduced budgets. The good news is that with ediscovery — an essential but expensive part of the litigation process — advances in technology since America's last recession have made it possible to save money and time by adopting a more modernized and comprehensive approach.

    July 01, 2020Brian Schrader

  • New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision

    Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.

    July 01, 2020Danielle C. Lesser

  • Recent Court Views on "Making Available" Controversy in Copyright Infringement

    Federal courts have long disagreed over whether the unauthorized "making available" of a plaintiff's works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.

    July 01, 2020Stan Soocher

  • Does Insurance Policy Cover Media Office COVID-19 Closure?

    According to news reports, and judging from the plethora of lawsuits filed seeking insurance coverage for lost income incurred as a result of the COVID-19 pandemic, insurance companies are for the most part denying claims for business interruption losses. The type of insurance claim at issue may make a difference.

    July 01, 2020Howard B. Epstein and Theodore A. Keyes