Features
New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.
Features
What You Need to Know About the USPTO's Proposed Rule Changes to PTAB Trials
On May 27, 2020 the U.S. Patent and Trademark Office (USPTO) proposed rule changes to govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings at the PTAB. This article provides a summary of each proposed rule change and its potential impact on PTAB practice.
Features
Supreme Court Reins in Broad Reading of Fraud Statutes with 'Bridgegate' Case Ruling
When federal prosecutors focus their attention on high profile misconduct that is not an obvious violation of federal criminal law, they often cannot resist the attractions of broadly worded "catch-all" fraud statutes. From time to time, however, the U.S. Supreme Court has pushed back on efforts to further expand the boundaries of these statutes, leading to reversals of some well-publicized criminal convictions.
Features
Statute of Limitations In Copyright Ownership Disputes: Questions from the Everly Brothers Case
Don and Phil Everly's flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil's heirs and Don over copyright ownership of the No. 1 hit "Cathy's Clown," in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.
Columns & Departments
Development
Despite Proximity, Neighbor Lacked Standing to Challenge Alleged Zoning Violation Neighbors Entitled to Remedy Against Landowner's SLAPP Suit Area Variance Denial Overturned
Features
Small Business Reorganization Act and Subchapter V
The general purpose of Subchapter V was to streamline the Chapter 11 bankruptcy process for small businesses and individuals engaged in business to administer their bankruptcy estate in an efficient and less costly manner.
Features
Commentary: Claims Filing Time Issues on Copyright Ownership from Everly Bros. Case
Don and Phil Everly's flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil's heirs and Don over copyright ownership of the No. 1 hit "Cathy's Clown," in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.
Columns & Departments
Eminent Domain Law
Condemnation Upheld Despite Benefit to Private Party
Features
Shareholder Class Actions During, and After, COVID-19
Given the current turmoil in the markets, an increasing number of plaintiffs are bringing shareholder class action suits, citing corporate statements about COVID-19. As first-quarter earnings season draws to a close, now is a good time to reflect on the shareholder class actions that have been brought to date related to COVID-19, and others potentially yet to come.
Features
Counsel Concerns: Ice Cube's Big3 Suit Against League's Lawyers Ends Quietly
Three-on-three basketball league Big3, co-owned by hip hop artist and actor Ice Cube, quietly abandoned a lawsuit accusing the law firm Quinn Emanuel Urquhart & Sullivan of putting its lucrative relationship with the Republic of Qatar ahead of its attorney-client obligations to the fledgling sports project.
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