Columns & Departments

IP News
Federal Circuit: District Court Did Not Err In Declining to Find Infringement By Moderna’s Activities Involving COVID-19 VaccineFederal Circuit: PTAB Did Not Err In Finding that Prior Art Reference Disclosed Negative Limitation Without Stating a Feature’s Absence
Columns & Departments

Development
Denial of Variances and Special Permit Upheld
Columns & Departments

Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features

From Shrinking Newsrooms to “Newsfluencers”: The Media Landscape Is Evolving, and Law Firm Marketing Has to Adapt
Over the past six to 12 months, the way people consume, interact with and trust media has undergone a dramatic transformation. From shrinking newsrooms and skyrocketing social media use to the rise of “newsfluencers,” the world of media relations is no longer what it was even a year ago. For law firms, this changing environment presents a critical choice to either adapt or get left behind.
Features

Meta Gets Victory In Significant AI Copyright Case, But Ruling Limited
A federal judge handed Meta a major win on June 24 in a closely watched copyright case over its use of books to train large language models, but the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.
Features

Senate Introduces Measure for ‘Permanent Renewal and Enhancements of Opportunity Zones’
As part of its work on the major budget and tax bill, the Senate has introduced a measure that would offer “permanent renewal and enhancement of opportunity zones.”
Features

Liability Management Exercises: Read the Fine Print
Liability management exercises (LMEs) have gained considerable attention during the past few years. Whether intended for good purposes or not, LMEs have significantly disrupted the traditional loan business through aggressive priming and subordination tactics — leading some to characterize this phenomenon as lender-on-lender violence.
Features

In LLC Stakeholder Claim Disputes, Pay Strict Attention to Agreement Terms and Possible Waivers
Bankruptcy cases almost always involve a substantial loss of value. When that happens, disputes arise and claims are asserted among stakeholders. This case is a reminder that when assessing the viability of such claims, if a limited liability company has been utilized for the business, strict attention must be paid to the terms of the agreement, starting with an analysis of whether all fiduciary duties have been waived.
Columns & Departments

Fresh Filings
Notable recent court filings in entertainment law.
Features

New and Conflicting Regulations, Not Tariffs, Are Top Concern for Compliance Pros
As regulatory shifts grow more unpredictable, corporate legal departments are stepping up their role in risk management — even as many feel they’re navigating in the dark. Their top concern? A surge in new — and often conflicting — regulations spanning everything from consumer privacy and AI governance to tax and trade.
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
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›