Features

Public Trust Doctrine Thwarts Willets Point Redevelopment
In <i>Matter of Avella v. City of New York,</i> the Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York.
Features

Product Liability, Bankruptcy and the Proceeds of Legal Action
A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?
Features

<b><i>Online Extra</b></i><br> Snap Accused of Infringing Patents With Snapchat Tech
A Texas company has accused Snap Inc. of infringing four patents with systems that allow Snapchat users to scan "Snapcodes" and add friends on the popular social networking app.
Columns & Departments
Cooperatives & Condominiums
Discussion and analysis of a case involving enclosing a balcony.
Features

Compensation Plans: Director-Specific Limits
A recent decision by the Delaware Court of Chancery serves as a reminder that boards of directors of Delaware corporations should consider amending their companies' director compensation plans to include specific limits on the amount of compensation that a director may be awarded in a given year, and obtaining stockholder approval of such compensation plans.
Features

Do <b><I>Daubert</I></b> Motions Really Work?
<b><I>Part Two of a Three-Part Article</I></b><p>Like baseball batters in a lineup, the home run potential of any given <I>Daubert</I> motion varies greatly. Players without a good eye for the fast ball usually do not make it to the big leagues; lawyers without the skill set to deconstruct and demonstrate the methodological flaws in a disclosure of opinion testimony may get to play in the big leagues, but they have terrible batting averages.
Columns & Departments
Verdicts
A court recently declined to order a new trial in a medical malpractice case in which defense counsel made an erroneous statement concerning the burden of proof, after finding that the plaintiff failed to show prejudice.
Columns & Departments
Landlord & Tenant
Discussion of four major cases.
Features

What Can We Tell About the Trump Administration's Focus on Compliance?
There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance.” But after the first five months of his presidency, there are still questions about where enforcement is heading in specific compliance areas.
Columns & Departments
Supreme Court News
'Disparaging' Trademarks Decision<br>High Court Declines Takedown Notice/Fair Use Case
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›