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Cybersecurity Law & Strategy
Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill'
Kim Peretti, Jon Knight, and Emily Poole
The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not protected by attorney-client privilege.
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Entertainment Law & Finance
California Court of Appeal Rules on Formerly Licensed Attorney Who Continued as Talent Manager
Stan Soocher
Conflict of interest is a red-flag concern when an attorney becomes a talent manager. But what happens when a formerly licensed attorney continues to provide management services for talent?
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Commercial Leasing Law & Strategy
Foreclosure Statute of Limitations
Stewart E. Sterk
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York’s court system in the aftermath of last decade’s mortgage crisis.
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Entertainment Law & Finance
No Delay for Weinstein Victims Trust Plan
Ellen Bardash
A U.S. District Court Judge for the District of Delaware judge ruled not to grant a motion that would have stayed a liquidation plan setting aside $17 million to settle with those who have claimed sexual misconduct by former film industry executive Harvey Weinstein.
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The Bankruptcy Strategist
Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical
Daniel Coyle
Foreign Representatives in Chapter 15 petitions are specifically permitted to conduct discovery to locate the debtor’s assets within the United States to increase estate and creditor recoveries in the overseas proceedings and to probe the debtor’s affairs, rights, obligations or liabilities.
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Commercial Leasing Law & Strategy
10 Tips for Navigating the Commercial Tenant Bankruptcy Process
Stephanie C. Lieb and Alexander Zesch
Retail, entertainment and hospitality have been hit particularly hard by government-mandated COVID-19 shutdowns. For many, the road ahead will end in, or lead through, bankruptcy. Bankruptcy law has a language of its own, making it challenging to navigate the process for everyone involved, including for the landlords of bankrupt businesses worried about missing rent payments.
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Business Crimes Bulletin
Federal Public Corruption Prosecutions
Elkan Abramowitz and Jonathan S. Sack
This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions.
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The Intellectual Property Strategist
Say What? Are PTAB Judges Really ‘Inferior Officers’?
Ben Clark
United States v. Arthrex, Inc.
Proving that even the driest of constitutional issues can have significant practical effect, the U.S. Supreme Court recently heard argument in United States v. Arthrex. Before the Court was whether administrative judges of the PTAB have been appointed unconstitutionally.
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New York Real Estate Law Reporter
Foreclosure Statute of Limitations
Stewart E. Sterk
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York’s court system in the aftermath of last decade’s mortgage crisis.
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The Bankruptcy Strategist
Appellate Courts Split On Bankruptcy Ownership of Malpractice Claims
Michael L. Cook
Judicial hair-splitting, when applying state law to federal bankruptcy cases, creates only uncertainty.
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The Intellectual Property Strategist
Implications of 'Amgen v. Sanofi' On the State of Enablement Law
Bruce M. Wexler, Aaron P. Selikson, Ashley N. Mays-Williams and Susan S. Hwang
The decision appears to take steps to harmonize the prior cases that appropriately were guided by the Wands factors with the cases discussing the “full scope” of enablement that have engendered some confusion in the law.
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New York Real Estate Law Reporter
Real Property Law
Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions
Seller Denied Summary Judgment on Purchaser’s Fraudulent Inducement Claim
Fraudulent Transfer Claim Reinstated
Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water
Supreme Court Improperly Denied Specific Performance to Purchasers
Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee
Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale
Judgment Lien Enforced Despite Error In Docketed Amount
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Entertainment Law & Finance
Developments In Student Athletes’ Publicity Rights
Benjamin Tulis and Gregg E. Clifton
The rights of college student-athletes to receive compensation for the use of their “name, image and likeness” (NIL) are finally being addressed. As…
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Commercial Leasing Law & Strategy
Landlords Could See Courts Sympathetic to Tenants In Eviction Lawsuits
James D. Silver
While residential cases will grab the headlines, commercial property owners, managers and their attorneys should know that financially troubled tenants will be making news of their own. Armed with the hope of keeping their business afloat, they will unveil, or expand on, defenses to mitigate the pandemic’s financial impact and to save their leases.
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The Intellectual Property Strategist
Synergizing Patents to Drive Innovation and Growth
Siraj Husain
As intellectual property continues to influence business operations, more companies are considering defensive patent pools as a strategic measure to guard against threats that can stifle innovation and growth for both businesses and industries.
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New York Real Estate Law Reporter
Landlord & Tenant Law
Tenant Entitled to Terminate Lease When Premises Were Not Broom Clean
Provision Ending Discounted Rate If Tenant Pays Late Is Unenforceable
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Entertainment Law & Finance
11th Circuit Rules for Stephen King In Suit Over Dark Tower Series
Michael A. Mora
Vincent Cox of Ballard Spahr in Los Angeles and Scott Ponce of Holland & Knight in Miami prevailed recently in the U.S. Court of Appeals for the Eleventh…
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Commercial Leasing Law & Strategy
Law Firms Taking Advantage of Tenant’s Market In Office Space
Meredith Hobbs
Law firms are waiting to see how new trends like working remotely play out for office space post-pandemic, but that wait-and-see approach has created a tenant’s market with opportunities for proactive firms in the short term.
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New York Real Estate Law Reporter
Development
NYRE Staff
Use Variance Denial Upheld
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Eleventh Circuit Flirts With Nominative Fair Use Test in Alan Parsons Project Trademark Case
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The Intellectual Property Strategist
Equity In Broad and Flexible Fashion
Kelvin Han
Federal Circuit Wasn’t Chicken to Grant Equitable Intervening Right in Poultry Processing Equipment Case
A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term “protection of investments” in 35 U.S.C. §252.
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The Bankruptcy Strategist
How Does a Bankruptcy Litigator Move from One Law Firm to Another?
Earl M. Forte
Chapter 11 work can be episodic and uneven, and while litigation skills are essential, it is also quite specialized. So, given these qualities, how does a bankruptcy litigator go about moving from one law firm to another, and what are the pitfalls?
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The Intellectual Property Strategist
IP News
Howard Shire and Shaleen J. Patel
On March 12, the Federal Circuit granted Janssen Pharmaceutica’s motion to dismiss Mylan Laboratories’ appeal and denied Mylan’s request for mandamus relief, holding that it lacked jurisdiction to hear Mylan’s appeal.
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Owner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond
Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges
Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud
Failure to Inspect Premises Precludes Purchasers’ Claim for Fraud
Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Sponsor Liable for Fraudulent Conveyance to Related Entities
President of Unincorporated Condominium Association Not Entitled to Indemnification
Legal Malpractice Claim Dismissed
Use of Commercial Unit Did Not Violate Zoning Regulations or Condominium Bylaws
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New York Real Estate Law Reporter
Development
NYRE Staff
Village Lacked Power to Obligate Village Board to Enact Zoning Amendments
Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use
Neighbor’s Challenge to Approval of A Building Permit Dismissed As Untimely
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Entertainment Law & Finance
Litigation Over Tom Clancy Works Involves Fundamental, But Complex Copyright Elements
Stan Soocher
Current copyright litigation in the U.S. District Court for the District of Maryland involving Clancy’s widow Alexandra and his former wife Wanda King is complex, but involves fundamental issues of copyright ownership.
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The Intellectual Property Strategist
Patent Litigation Growth In 2020 Points to Sustained Activity In 2021
Rob Maier
Despite the recession — or partly as a result of it — 2020 was also a year of growth for patent litigation in the United States. This article provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye toward current trends that in all likelihood will continue deep into 2021.
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Entertainment Law & Finance
'Stranger Things' Copyright Claim Survives Motion to Dismiss
Alan R. Friedman
In response to a copyright claim in the U.S. District Court for the Central District of California that the Netflix series Stranger Things infringed on Irish Rover Entertainment’s unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law.
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Entertainment Law & Finance
Licensing Audits from Licensees’ Perspective
David Schnider
The audit clause is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.
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The Intellectual Property Strategist
Copyright and Internet Content
Jonathan Bick
Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.
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Entertainment Law & Finance
New Small Claims Procedure for Copyright Disputes
Scott Graham
The CASE Act fulfills the longstanding goal of the U.S. Copyright Office to establish a small claims court. The measure tasked the office with establishing the Copyright Claims Board and adopting governing regulations.
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Entertainment Law & Finance
Shareholders’ Suit Over Video Game Developer’s IPO
Ellen Bardash
Two former shareholders allege in federal court that an auto-racing video game creator swindled them out of more than $200 million in stock.
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Cybersecurity Law & Strategy
A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery
Ryan Costello
The intersection of foreign laws governing data collection and cross-border discovery operations continues to be a potentially volatile conjunction.
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Cybersecurity Law & Strategy
Depositions and Legal Proceedings in the Remote World: What Attorneys Need to Know About Security and Best Practices
Tony Donofrio
Now that depositions and other legal proceedings are now virtual, remote exercises in most cases. It doesn’t mean, however, that the rules have relaxed. If anything, it’s more important than ever to follow best practices and pay attention to security.
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Cybersecurity Law & Strategy
Legal Tech: Winter 2021 E-Discovery Case Law Review
Mike Hamilton
In this winter e-discovery case law review, we’ll cover three cases that might have turned out differently had counsel supervised e-discovery activities more adequately.
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Accounting And Financial Planning For Law Firms
How Legal Tech Can Help Lawyers Protect Privilege and Better Serve Their Clients
Daniel Farris
A recent UK High Court ruling has provided lawyers everywhere with a stark reminder on the scope of privilege for electronic communications.
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The Bankruptcy Strategist
What a Post-COVID-19 World: Debtors’ Extraordinary Responses to COVID-19
Gerard S. Catalanello and Kimberly J. Kodis
The impact of the pandemic rages on and, in its path leaves many businesses and industries demolished or, at best, severely impaired. Once again, the Bankruptcy Code has been called upon to provide relief to those in dire need
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The Bankruptcy Strategist
ABCs As an Alternative to Bankruptcy for Implementing Distressed Transactions
David S. Kupetz
Companies suffering financial distress frequently reach a crossroads where they need to either implement some type of transaction or will be forced to liquidate. In developing a plan for moving forward, management should evaluate and determine, with appropriate input from outside experts, feasible alternatives.
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Business Crimes Bulletin
Global Increase of FCPA Bribery Cases Raises Specter of Piling On
Sozi Pedro Tulante and Joshua Drew
The increasing number of regulators and enforcement agencies bringing foreign bribery cases across the globe raises the specter of successive or “carbon copy” cases. Policymakers and practitioners need to be aware of this developing risk and take steps to mitigate it.
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Commercial Leasing Law & Strategy
Law Firms Looking to Retail Space and Other Office Alternatives Post-Pandemic
Brenda Sapino Jeffreys
The prospect of using retail space for law offices is the latest adaptation, in addition to innovations such as hoteling and other forms of shared workspace, that may define law firm offices in the future as the COVID-19 pandemic makes a permanent mark on how firms configure and run their offices.
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The Bankruptcy Strategist
Consumer Bankruptcies In 2021 Can Benefit Both Client and Practitioner
Joshua Denbeaux, Lee M. Perlman and Heidi Spivak
As in past times of economic turmoil, it is anticipated that there will be a surge in residential foreclosures, debt collection activity, and the resultant wave of consumer bankruptcy filings.
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The Intellectual Property Strategist
IP News
Jeffrey Ginsberg and Ryan J. Sheehan
Federal Circuit: Texas Court Abused Its Discretion By Delaying On Venue Transfer Motion While Proceeding With the Merits of the Case
Federal Circuit: PTAB Violates the APA When It Sua Sponte Adopts a New Claim Construction to Support New Theory of Invalidity for First Time
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New York Real Estate Law Reporter
Open Space Accessibility and the Conundrum of High Stakes Zoning Disputes
By Philip E. Karmel, James P. Colgate and Judith M. Gallent
The New York Court of Appeals’ recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as “open space.”
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New York Real Estate Law Reporter
Real Property Law
Stewart Sterk
Neighbors Lack Sufficient Interest to Intervene In Modification of Restriction on Land Held for Charitable Purposes
Absence of Property Description Did Not Preclude Equitable Mortgage
City Entitled to Cancel Contract With Delinquent Former Owner When Owner Failed to Appear At Closing
Statute of Limitations Does Not Bar Continuing Nuisance Claim Against Drilling Contractor
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New York Real Estate Law Reporter
Landlord & Tenant Law
Stewart Sterk
Guaranty Did Not Extend Past Lease Term
Holdover Rent Award Reduced
Tenant Is Entitled to Yellowstone Injunction Despite Failure to Attempt to Cure
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New York Real Estate Law Reporter
Co-ops and Condominiums
Stewart Sterk
Shareholder’s Failure to Seek Relief During Cure Period Bars Preliminary Injunction
Non-Purchasing Senior Citizens Not Protected Against Eviction Upon Conversion
Occupant of Rent Stabilized Co-Op Unit Entitled to Succession Rights
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The Intellectual Property Strategist
Northern District of California Holds Vanity License Plates Are Not Government Speech
Grace Tuyiringire
California DMV regulations excluding plaintiffs’ personalized plates were like the PTO trademark registration restrictions of SLANTS and FUCT — restrictions struck down by the U.S. Supreme Court for violating the First Amendment.
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The Intellectual Property Strategist
From the PTO to the FDA: What to Consider When Branding Clinical Trials
Brandon Leahy Susanna Lichter and Eva Yin
The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.
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The Intellectual Property Strategist
IP News
Howard Shire and Shaleen J. Patel
PTAB to Follow Nautilus Standard of Definiteness
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