Features
Leases and Licenses Grow Increasingly Indistinguishable
Lately, it has become fashionable for some property owners to call their standard occupancy agreements licenses rather than leases. Does it matter?
In the Spotlight: Structuring Lease Takeovers
This article explores the "lease takeover" options available to an aggressive, creative landlord looking to get such a critical deal done.
Health Care Goes Retail
Today's health care real estate market opportunities are being driven by an aging baby boomer population as well as the new health care law, which is expected to result in health insurance coverage for an additional 32 million people living in the U.S.
What Private Equity Needs to Know About the FCPA
In the past, private equity firms and hedge funds have not been subject to the rigorous regulatory scrutiny applied to publically traded companies under the FCPA. However, it appears that this trend may be changing.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Side-Swiped by the False Claims Act
An important consequence of recent "indirect" FCA case law is that vendors and subcontractors may now face strict liability if others rely on their documents and these are determined to be false.
Issues in Terminating Copyright Grants in Sound Recordings
The year 2013 may be a watershed in the music industry. It is the year that opens a new window in the Copyright Act through which many post-1977 grants of rights under copyright potentially could be terminated.
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MOST POPULAR STORIES
- 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 ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›