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Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act Image

Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act

Marjorie Peerce & Mary K. Treanor

In Lagos v. United States, the U.S. Supreme Court ruled that corporate victims of criminal offenses cannot recover expenses incurred from internal investigations that the federal government has neither requested nor required under the Mandatory Victims Restitution Act of 1996,

Features

Impact of EU's GDRP on Domain Registration Image

Impact of EU's GDRP on Domain Registration

Zach Warren

Since the GDPR's implementation, the “WHOIS” service by which the general public could search registration information, including names and contact info, has been largely in a state of flux. It's now even tougher to find information, attorneys who work with domain registration say, which could concern entertainment and intellectual property holders who want to go after infringing websites.

Features

COUNSEL CONCERNS: Federal Judge Scolds Both Sides' Lawyers In Labels/Spinrilla Copyright Dispute Image

COUNSEL CONCERNS: Federal Judge Scolds Both Sides' Lawyers In Labels/Spinrilla Copyright Dispute

R. Robin McDonald

A federal judge in Atlanta called out attorneys in a nationally watched copyright case for their role in an “an all-out, knock-down, drag-out fight between the '800-pound Gorilla' of the recording industry in one corner of the room vs. 'Spinrilla', the self-proclaimed '800-pound Gorilla of free hiphop mixtapes' in the other corner.”

Features

The Supreme Court's Criminal Law Decisions in 2018 Image

The Supreme Court's Criminal Law Decisions in 2018

Harry Sandick & Jacqueline Bonneau

<b><i>Part One of a Two-Part Article</b></i><p>The United States Supreme Court's October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — <i>Carpenter v. United States</i> — but there were several decisions that defense counsel would do well to study.

Features

Get It in Writing: Deducting False Claims Act Payments Image

Get It in Writing: Deducting False Claims Act Payments

Ashley M. Drake & Joseph F. Savage, Jr.

In fiscal year 2017, the DOJ collected more than $3.7 billion dollars from False Claims Act (FCA) cases — part of the $86 billion it has collected from FCA cases since 1986. States and municipalities are aggressively pursuing FCA recoveries as well. Whether or not such payments are deductible as business expenses under the Internal Revenue Code is an important consideration when negotiating a settlement with the government.

Features

New York State's Latest Ticket Sales Reforms Image

New York State's Latest Ticket Sales Reforms

Anthony J. Dreyer & Andrew Green

The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.

Features

'Shell Game' Gets Away From Commercial Lease Guarantor Image

'Shell Game' Gets Away From Commercial Lease Guarantor

Janice G. Inman

In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.

Features

Usher Song Credit Suit Outcome; Suit Over Led Zeppelin Song Gets Retrial  Image

Usher Song Credit Suit Outcome; Suit Over Led Zeppelin Song Gets Retrial 

Max Mitchell & Scott Graham

A man claiming to have been cheated out of credit for writing a song that was eventually recorded by R&amp;B star Usher won a more than $40 million judgment in a combined verdict and settlement against two men he co-wrote the song with. And the copyright case against Led Zeppelin by the band Spirit over "Stairway to Heaven" will return for an encore after the U.S. Court of Appeals for the Ninth Circuit called for a retrial.

Features

Debtor v. UST: The Battleground Over Retention of a Chief Restructuring Officer Image

Debtor v. UST: The Battleground Over Retention of a Chief Restructuring Officer

Mark S. Melickian & Jack O'Connor

The battle over retaining a chief restructuring officer, which the United States Trustee has traditionally not objected to, is heating up.

Features

Alleging the Existence of a Trade Secret in a Misappropriation Case Image

Alleging the Existence of a Trade Secret in a Misappropriation Case

Daniel R. Saeedi

<b><i>The Detail Dilemma</b></i><p>How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.

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