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Features

SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks Image

SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks

Dana Justus & Monica Riva Talley

This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line.

Features

Monopolizing the Disruptive Image

Monopolizing the Disruptive

Arthur Beeman

<i><b>The Federal Circuit's Threat to Software Innovation in the </i>Oracle v. Google<i>Decisions</i>&lt;</b><p>The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers' understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.

Features

Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble Image

Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble

Jenna Greene

A would-be class action against Barnes &amp; Noble could have cost the bookseller hundreds of millions of dollars — not to mention a reputational hit for allegedly sharing private information about its customers' online video purchases with Facebook.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Title Insurance Inducements<br>Purchaser's Willful Default/Down Payment<br>Tortious Interference Claim Reinstated<br>Easement Scope<br>Mortgage Acceleration

Features

Quasi-Bankruptcy Quagmires Image

Quasi-Bankruptcy Quagmires

Howard C. Rubin & Deirdre M. Richards

<i><b>When Entities May Not Have a Filing Choice and How Creditors Are Impacted</i></b><p>This article explores the difficulties some entities have encountered in filing bankruptcies and how one organization used extraordinary civil remedies in an attempt to accomplish what reorganization under Chapter 11 of the United States Bankruptcy Code would have provided.

Features

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h) Image

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)

Albena Petrakov

With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.

Columns & Departments

In the Courts Image

In the Courts

Kate Monks

The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.

Features

Take-Aways from the Sears Sale Process Image

Take-Aways from the Sears Sale Process

Adam L. Rosen

As widely reported, the downfall of Sears was a slow-motion train wreck. Despite its unique size and complexity, however, some of the strategies and techniques used by the stakeholders in Sears can be applied in cases of any size.

Columns & Departments

IP News Image

IP News

Christine E. Weller

In celebration of International Women's Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

First Court's Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred

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