Features

SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks
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
<i><b>The Federal Circuit's Threat to Software Innovation in the </i>Oracle v. Google<i>Decisions</i><</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
A would-be class action against Barnes & 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
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
<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)
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
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
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
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
First Court's Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred
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