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Features
In the past year, the Federal Circuit has repeatedly required the U.S. District Court for the Western District of Texas to transfer patent infringement suits from that district to more convenient venues, and in doing so it has provided increasingly specific — and often pointed — guidance to courts and litigants on the appropriate analysis for transfer motions.
Columns & Departments
Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status Tenant's Impossibility and Frustration of Purpose Defenses Rejected Tenant's Frustration of Purpose Claim Survives Neutral Appraiser Entitled to Examine Previous Appraisals
Features
Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.
Columns & Departments
N.Y. Federal Court Rules State's Anti-SLAPP Statute Doesn't Apply in Federal Court Lawsuits
Features
Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.
Features
Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.
Columns & Departments
Exclusion for Zoning Regulations Bars Title Insurance Claim Transfer of Residential Properties Not a Fraudulent Transfer Property Owner on Constructive Notice of City's Relocation Lien Fraudulent Transfer Finding Upheld
Features
The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
Features
In In re Bryant, the U.S. Bankruptcy Court for the Middle District of Georgia determined that a lender's UCC-1 financing statements were "seriously misleading" under the Georgia Commercial Code because the financing statements identified the individual debtor with his middle name abbreviated.
Features
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.