Columns & Departments
Litigation
Discussion of two recent rulings of interest.
Columns & Departments
Business Crimes Hotline
On March 3, Stanley Jonathan Fortenberry was sentenced to 78 months in prison for operating fraudulent investment companies and obstructing a Securities and Exchange Commission (SEC) investigation. Here's an analysis of the case.
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A Primer for the Entertainment Industry on the Use of Blockchain Technology
This article familiarizes lawyers with cryptocurrency and, particularly, the enabling blockchain technology, methodologies and systems.
Features
Supreme Court Ends Laches Defense in Patent Cases
<b><i>SCA Hygiene Products v. First Quality Baby Products</i></b><p>The U.S. Supreme Court on March 21 ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.
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<b><i>Yellowstone</i></b> Injunctions When Prompt Cure Is Impossible
Most real estate practitioners are well acquainted with the <b><I>Yellowstone</I></b> injunction and its importance in preserving the status quo while allegations that a commercial tenant has breached its lease are litigated. But the third Yellowstone prong — timeliness of the motion — is especially important.
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Court Rules That Professional Fees May Not Be Capped by Standard Carve-Out Provisions
Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.
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Challenges in Drafting a Restaurant Exclusive Use Clause
The reasonable and typical middle ground in the struggle between the parties regarding the scope of the "exclusive" is to protect only a tenant's "core" or "primary" business. Using such an approach, if properly drafted, will allow the tenant to avoid the two-coffee-shop situation, but will still permit the landlord to lease to multiple tenants with overlapping but not fundamentally competing uses.
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Judicial View on 'Arising Out of' Exclusion in Bill Cosby Policy
The claims over the last few years by numerous individuals who allege sexual misconduct by comedian Bill Cosby have also led to disputes about the obligation of Cosby's insurers to pay for his defense attorneys and any eventual settlements or judgments. A decision by a federal district court in Massachusetts, where Cosby lives, addresses these disputes.
Features

Choice of Law Bars Rapper's Defamation Case
A Delaware federal judge dismissed a defamation suit by a rapper formerly affiliated with the hip-hop group Wu-Tang Clan who claimed media outlets falsely reported that he attempted a grisly act of self-mutilation and attempted suicide.
Features

Pre-1972 Recordings Case Against Sirius In GA Hits Spotlight
A few days before the Second Circuit published its decision ordering the dismissal of Flo & Eddie's closely watched class-action lawsuit against Sirius XM Radio over the use by the satellite provider of pre-1972 sound recordings, the Georgia Supreme Court heard arguments in a class action case against iHeartMedia over its use of pre-1972 sound recordings.
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