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.
Columns & Departments
Development
Prohibition of Advertising Sign Upheld Failure to Consider Rezoning Application Not Subject to Judicial Review
Features
Open Questions Regarding Disallowance Under Section 502(d)
The intra-district divide in the Southern District of New York continued to deepen on the issue of whether claims disallowance under section 502(d) of the Bankruptcy Code applies to the claim or to the claimant.
Features
"VARA-90": What Landlords Can Do to Stop the Aerosol Spread … of Graffiti Artists' Claims
How did the artists qualify for protection under the Visual Artists Rights Act, how could the owners know whether the artists had achieved "recognized stature" warranting prevention of their works' destruction, and what could the owners have done to avoid liability while retaining the right to dispose of their properties as they saw fit?
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
You've Made Your Bed, Now Lie In It – Binding Settlement Agreement Defeats A Post-Settlement Judgment
Holding that the parties' executed agreement mooted the issues in the case, the Federal Circuit recently reversed a district court's decision to grant summary judgment of non-infringement despite the parties' agreement. The decision builds upon prior Federal Circuit case law giving effect to settlement agreements.
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