Features

The Shutdown of the Restaurant Industry: The Widespread Impact
Restaurants are already fragile businesses, not known for lucrative revenue, but instead known for surviving on tight margins. When the industry reopens to the "new normal," what will the restaurant industry look like?
Features

U.S. Supreme Court Rejects 'Defense Preclusion' in Trademark Suit
On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand was not precluded from asserting its defenses in its long-standing trademark litigation against Marcel Fashions Group
Features

Defending FCA Actions Related to Pandemic Programs
With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs' lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.
Features

Advertising Section 363 Sales in the Digital Age
this article provides an overview of the legal landscape governing §363 sales and the types of Internet-based resources available to potential asset sellers.
Features

9th Circuit Says Copyright Attorney Fees Available in Declaratory Suits
A declaratory judgment action for copyright abandonment can give rise to fee shifting under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit ruled in a case of first impression.
Features

Corporate Criminal Liability in the COVID-19 Era
Compliance Programs Offer Companies an Opportunity to Mitigate Risk This article outlines the principles of corporate criminal liability, including the factors prosecutors consider when making charging decisions, and the potentially available sanctions in light of applicable U.S. Sentencing Guidelines, and offers strategies for minimizing risk, including lessons from recent criminal enforcement actions.
Features

Non-Monetary Defaults in Commercial Leases: A Difficult Eviction
"I want them out!" When a tenant stops paying rent, landlords usually have this reaction. But what about those tenants faithfully paying rent while breaching other provisions of the lease? This article examines the eviction of a commercial tenant for non-monetary defaults.
Features

Artificial Intelligence and Copyright: Ownership and Fair Use
Machine learning allows certain AI to create entirely new content based upon the materials it used to learn. In the process of creating new content, AI may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.
Columns & Departments
Real Property Law
Conditional Payments Do Not Restart Statute Of Limitations On Foreclosure Action Questions of Fact About Purchasers' Good Faith In Making Mortgage Applications Questions of Fact Remain on Implied Easement Claims Presumption of Hostility Supports Adverse Possession Claim Questions of Fact Remain About County's Liability for Fuel Oil Discharge
Features

Legal Tech: Spring 2020 E-Discovery and Privacy Case Review
This quarter's review will take a look at data in three formats: text messages, paper records and overseas email disputes.
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