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Columns & Departments
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge's finding of a fraudulent marriage was not based on proper evidence.
Columns & Departments
Analysis of key rulings involving adverse possession, "stranger to the deed," and a claim against a homeowners association.
Columns & Departments
Discussion of two major rulings out of Georgia and New York.
Features
<b><i>Serving Two Masters</i></b><p>This article examines two recent cases, and suggests practices that lenders to BREs can use to reduce the risk of a debtor bankruptcy without compromising the policies underlying bankruptcy and corporate laws.
Columns & Departments
General Counsel for “Ultra Music” Company Can't Be Deposed in Lawsuit by Licensee<br>Magistrate Rules That Statute of Limitations for Copyright Infringement Actions Is No Bar to Discovery Requests<br>New York Federal Court Will Consider Copyright Ownership Claim, But Not Registration Issue, in Dispute Over Play
Features
This article outlines the available options under the Trademark Trial and Appeal Board's ACR rules and discusses the strategic considerations in determining whether ACR might be advantageous, particularly in light of increasing pressure from clients to reduce costs and expedite the decision-making process.
Features
<i><b>How the Seminal Fourth Circuit's Ruling Is Applied in Different Circuits</b></i><p>The rule of <i>Zeran</i> has been uniformly applied by every federal circuit court to consider it and by numerous state courts. And it has never been rejected in any precedential opinion. Indeed, it is perhaps a fitting tribute to the viability of <i>Zeran</i> that 20 year later the U.S. Court of Appeals for the Ninth Circuit, in its 12th opinion construing the CDA, barely spent even a sentence affirming dismissal of a defamation claim brought against Facebook over user content, pursuant to the CDA and the rule first developed in <i>Zeran</i>.
Features
On Nov. 13, 2017, a Federal Circuit panel of Chief Judge Prost, Judge Mayer, and Judge Chen issued a unanimous decision in <i>Promega Corp. v. Life Technologies Corp.</i> On remand from the United States Supreme Court, the panel affirmed a grant of judgment as a matter of law by the United States District Court for the Western District of Wisconsin that the plaintiff failed to prove its infringement case under §§35 U.S.C. 271(a) and 271(f)(1). The panel affirmed the district court's denial for a new trial on damages and infringement, and reaffirmed its prior holdings on enablement, licensing, and active inducement issues.
Features
President Trump's first 11 months in office brought significant changes to labor and employment law. Immediate changes to the leadership and agendas for the DOL, the EEOC and the NLRB) have already occurred, along with reversals of policy and positions taken in court.