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.
Features

Survey Says: Tips on Getting Over the Daubert Hurdle
Surveys can provide useful evidence in litigation if they are conducted by a qualified expert employing reliable methods that survive a Daubert challenge. In the first of a series of articles drawing on our review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, we provide some suggestions for getting survey evidence admitted for consideration in court.
Features

Update on Corporate Bankruptcy Tax Refund Litigation
The bankruptcy trustee of a bank holding company was not entitled to a consolidated corporate tax refund when a bank subsidiary had incurred losses generating the refund, Tenth Circuit held.
Features

Real Estate Loan Workout: Exchange of Enhancements for Concessions
As a result of the coronavirus pandemic, a property owner might reach out to its lender for urgent, needed debt relief. The lender, which strives for a performing asset, an on-going relationship with its customer makes concessions. In exchange for these concessions, the lender should obtain credit and legal enhancements., which should also enable the lender to make concessions that are more meaningful to the property owner, its investors, its tenants and its business.
Columns & Departments
Co-ops and Condominiums
Sponsor Correctly Calculated Reserve Fund Shareholder Did Not Breach Survival of Closing Affidavit
Features

Recent Court Views on "Making Available" Controversy In Copyright Infringement
Federal courts have long disagreed over whether the unauthorized "making available" of a plaintiff's works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.
Features

Defense Counsel Discuss Outcome in Dance Steps Case
Kirkland & Ellis has notched a win in cutting-edge litigation that questions the protectability of dance steps, what constitutes choreography and the relationship between copyright, and right of publicity and trademark law.
Columns & Departments
Landlord & Tenant Law
Lease Provision Does Not Bar Conversion Claim for Damages After Issuance of Warrant of Eviction
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›