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To Embed, or Not to Embed, that is the Question Image

To Embed, or Not to Embed, that is the Question

Shaleen J. Patel & Mike Hobbs

Would Shakespeare Post Hamlet on Instagram in 2020? Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders.

Features

Judge's Ruling in Epic Games/Apple App Store Battle Image

Judge's Ruling in Epic Games/Apple App Store Battle

ssalkin

Entertainment consumer icon Fortnite's pathway back to the App Store is in the hands of the video game developer, a California federal judge decided in the closely watched legal battle over the distribution of app content.

Features

Time Is Running Out On Restructuring Under New Subchapter V Image

Time Is Running Out On Restructuring Under New Subchapter V

Jerrold L. Bregman

The clock is ticking for small businesses to take advantage of a new way to restructure under Chapter 11 of the Bankruptcy Code. New Subchapter V — part of the CARES Act — is set to expire early next year.

Features

Marking, Notice and Knowledge: What Patent Licensors Need to Know Image

Marking, Notice and Knowledge: What Patent Licensors Need to Know

Brenda Holmes

A patentee should consider patent marking issues when negotiating a patent license, as well as during the term of the license. Otherwise, the patentee may find that its damages for patent infringement are limited due to its licensee's failure to mark.

Features

ESports Streaming Deal Part of Law Firm Practice Aims Image

ESports Streaming Deal Part of Law Firm Practice Aims

Patrick Smith

It's a deal that provides a potential look into a future where esports, like traditional sports before them, provide a potentially lucrative practice area for firms that want to plant a flag in that plot.

Features

Treatment of Straddle Year Federal Taxes in Bankruptcy Cases Image

Treatment of Straddle Year Federal Taxes in Bankruptcy Cases

Andrew C. Kassner & Joseph N. Argentina Jr.

When does a tax liability claim arise in a bankruptcy case? The issue was recently addressed by the U.S. District Court for the District of Delaware which ruled that federal income taxes for the year in which a debtor files for bankruptcy are entitled to priority treatment as administrative expenses when the end of the taxable year occurred after the bankruptcy petition date.

Features

Lease Default Provisions Face Scrutiny During COVID-19 Image

Lease Default Provisions Face Scrutiny During COVID-19

Warren A. Estis & Alexander Lycoyannis 

As rent defaults skyrocket in 2020, practitioners reviewing the default provisions in their clients' commercial leases must ask themselves a crucial question: Does the provision set out a conditional limitation or a condition subsequent?

Features

Nondischargeability Judgment Requires Willful and Malicious Injury Under Section 523(a)(6) Image

Nondischargeability Judgment Requires Willful and Malicious Injury Under Section 523(a)(6)

Rudolph J. Di Massa Jr. & Keri L. Costello

In re Smith The Bankruptcy Appellate Panel for the Tenth Circuit recently joined the majority of circuit courts of appeals in finding that a creditor seeking a judgment of nondischargeability must demonstrate that the injury caused by the prepetition debtor was both willful and malicious under Section 523(a)(6) of the Bankruptcy Code.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Artist's Parents Get Dispute With Manager Sent to Arbitration Reasons for Approval of Pro Hac Vice Application in Music Litigation Third Circuit Knocks Down Right of Publicity Claim Over Character in Gears of War Video Game

Features

Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena' Image

Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'

Robert Maier

Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.

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