Features
Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate
Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in <i>John Wiley & Sons Inc. v. Kirtsaeng</i> and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States.
Columns & Departments
Court Watch
Highlights of the latest franchising cases from around the country.
Columns & Departments
Real Property Law
Analysis and discussion of several major rulings.
Columns & Departments
Landlord & Tenant
Two recent rulings and what they mean.
Columns & Departments
Development
In-depth analysis of a key ruling.
Columns & Departments
Cooperatives & Condominiums
A look at <i>Pomerance v. McGrath</i> and what it means.
Features
Measure of Damages for Breach of a Contract to Purchase Real Property
An in-depth look at <i>White v. Farrell</i>, decided last month, and what it means for breach of a contract.
Features
Insurance Coverage for Cyber Attacks
Companies should carefully examine their insurance programs, evaluate what coverage already may be available, and see what may be done to enhance the available coverage. To the extent that there may be gaps in available coverage, companies should consider how those gaps can be filled, including through specialty "cyber" risk policies.
Features
Coverage for 'Diminution in Value' in Commercial Property Insurance Policies
Few courts have considered the issue of whether post-repair diminution in value damages are recoverable under a commercial property policy.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
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- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›