Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
Read More › Features
The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
Daniel A. Lev
<b><i>Part One of a Two-Part Article</b></i><p>This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.
Features
Use of Arbitration In Place of Inter Partes Review Proceedings
David L. Newman
An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.
Columns & Departments
In the Courts
Colleen Snow
Sentencing for Two Bankers in Zürcher Kantonalbank of Switzerland Case
Columns & Departments
Case Notes
ssalkin
Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass<br>Resulting Trust Found Where Commercial Property Held in Just One Partner's Name
Features
Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments
Michael L. Cook
The Eighth Circuit affirmed the lower courts' dismissal of a bankruptcy trustee's $250 million fraudulent transfer suit against two banks (the Banks), rejecting the so called “Ponzi scheme presumption” that “allows a creditor to by-pass the proof requirements of a fraudulent-transfer claim by showing that the debtor operated a Ponzi scheme and transferred assets 'in furtherance of the scheme.'”
Columns & Departments
Bit Parts
Stan Soocher
Complaints to Amazon by TV Show Host and His Attorney Didn't Constitute DMCA Notices<br>No Actual Malice by Defendants in Libel Suit over Composite Character in Film
Columns & Departments
IP News
Jeff Ginsberg
&
Hui Li
Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension <br>Federal Circuit Holds Assignor Estoppel Does Not Apply in IPR Context<br>Federal Circuit Reverses District Court Holding of Patent Ineligibility of Computer Security Patent
Features
Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions
Mike Hamilton
Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law
Features
Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees
Steven M. Silverberg
&
Katherine Zalantis
In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.
Columns & Departments
Real Property Law
ssalkin
Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim<br>Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School<br>Mortgagor's Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage<br>Failure to Construct Facility Triggers Reverter Provision in Deed<br>Questions of Fact About Whether Buyers Had Made Time of the Essence<br>No Equitable Mortgage When Statute of Limitations Bars Written Mortgage<br>Cotenant Entitled to Partition with Accounting
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