Features

Ninth Circuit Revives CoStar Competitor’s Antitrust Counterclaims
The U.S. Court of Appeals for the Ninth Circuit on June 23 revived a competitor’s antitrust counterclaims against rival real estate data provider CoStar Group Inc.
Features

The Suspension Bridge Effect: Why Trademark Attorneys Must Protect Entire Brand Systems, Not Just Individual Marks
In brand protection, as in bridge engineering, the strength of brand differentiation (trademark distinctiveness) depends on the integrity of each supporting cable. When one snaps, the question is not only whether you can fix that component, but also whether the whole structure will hold together long enough for the repair crew to arrive.
Features

Service Provider Management, Not Selection, Determines Success
Many law firms are fixated on insuring they choose the right service provider. Granted the right partner is important, however it’s not the service provider you select; it’s how that service provider is managed that determines success.
Features

Leveraging Patent Office Examples for AI Enabled Innovation In Any Industry
In Ex parte Michalek, the PTAB evaluated an invention involving medical health technology and artificial intelligence. While this case involved medical health technology, the implicated issues inform patent strategies for AI enabled inventions across all industries.
Features

High Court Expands the Reach of the Wire Fraud Statute (Part III)
On May 22, 2025, the Supreme Court endorsed the “fraudulent inducement” theory of wire fraud in Kousisis v. United States, departing from its recent trend of narrowing the scope of broadly worded criminal statutes, including the wire fraud statute. This decision appears to allow the government to obtain a conviction even where the defendant did not intend to cause economic harm to their counterparty, so long as the defendant made material false statements in order to obtain property from another.
Features

PA Supreme Court Shifts How Courts Assess Impact of Takings In Eminent Domain Cases
In a decision that could reshape how property rights are valued in Pennsylvania, the Pennsylvania Supreme Court ruled that property owners may receive just compensation for noncontiguous parcels taken by the government — so long as those parcels were functionally unified.
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The Divestiture Rule Explained: A Judge-Made Doctrine Doesn’t Necessarily Deprive a Lower Court of Ongoing Subject Matter Jurisdiction
The “divestiture rule is not truly jurisdictional,” a Florida Bankruptcy court held in the recent ECI Pharmaceuticals case, which shows how one court analyzed when or when not to apply the divestiture rule.
Features

New Crop of Legal Developments In Music Celebrity Estate Battles
Legal disputes over artist’s estates have been a growing source of entertainment-industry litigation. This summer is proving to be a busy season for such litigations, with legal dustups related to the music-celebrity estates of “Margaritaville” icon Jimmy Buffett, Canadian singer/songwriter Leonard Cohen and blues legend Johnny Winter.
Features

Crafting Stories That Win Clients and Trust for Law Firms
Stories have always been at the heart of how humans connect, influence decisions, and foster change. For law firms, where reputation, trust and authority are paramount, storytelling is not just a marketing buzzword and it’s a proven tactic to differentiate your brand, win new clients, and nurture long-term relationships in an increasingly competitive marketplace.
Features

Protecting Your Patent: How a Vet-Owned AI Company Safeguarded Its IP
Military-owned businesses often possess unique technological advantages derived from years of research, development, and practical application. One veteran-owned company’s journey — combined with a patent attorney’s experience preparing and filing patent applications — provides valuable insight into what veterans should do to safeguard their intellectual property.
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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 ›
- 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 ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›