Features

DraftKings Loses Bid for Interlocutory Appeal in Lawsuit Over Use of MLB Players’ NILs
A federal judge in Pennsylvania rejected popular sports-betting platform DraftKings’ attempts to certify questions to the appellate court in a name, image and likeness (NIL) dispute with MLB Players Inc.
Features

Supreme Court: Statements Made to FDIC Need to Be “False,” Not Just “Misleading”
This article describes the prosecution in Thompson, then turns to the Supreme Court’s rejection of the government’s contention that 18 U.S.C. §1014 criminalizes misleading as well as false statements.
Features

Commercial Real Estate Insurance Taking More Comprehensive Approach to Risk Evaluation
The commercial property insurance industry is undergoing a dramatic shift. Gone are the days when property owners and operators could simply provide a building appraisal or portfolio valuation to an insurance broker, who would then reach out to a handful of insurance companies to obtain quotes.
Columns & Departments

Landlord & Tenant Law
Defense Due To DHCR’s Refusal to Correct Registration Mistake; Tenant’s Breach of Contract Claim Survives Motion to Dismiss; Acceptance of Surrender Does Not Relieve Tenant of Liability for Damages
Features

Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2
This two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. Part One led off with a discussion of the legal requirements for antedating prior art by establishing an earlier invention via: 1) conception and diligent reduction to practice; and 2) actual reduction to practice. Part Two discusses the legal requirements for removing prior art that discloses an inventor’s own work and the evidentiary requirements for swearing behind prior art.
Features

How AI and Open-Source Intelligence Are Redefining Risk in Legal Operations
No longer is legal risk management confined to checklists and backward-looking assessments. AI and OSINT are enabling legal professionals to anticipate, adapt, and act with greater speed and precision. But realizing the full potential of these tools requires more than technical integration. It demands a new operational mindset — one that prioritizes intelligence, agility, and continual learning.
Columns & Departments

Fresh Filings
Notable recent court filings in entertainment law.
Columns & Departments

Real Property Law
Mutual Mistake About Ownership Does Not Defeat Cotenant’s Adverse Possession Claim; Servient Owner’s Laches Defense Reinstated In Easement Dispute; Constructive Notice Precludes Village’s Claim to Be Free of State’s Unrecorded Easement; Complaint Does Not Support Claim That Deed Was Forged
Features

Law Firm Leasing Boomed During Q1 of 2025
Law firm leasing boomed during the first quarter of 2025, with double the volume during the same period of 2024, and 68.8% of firms chose to stay in place, a significant increase from recent years.
Features

Managing Consumer Data In Bankruptcy Proceedings
Consumer genetics company 23andMe’s bankruptcy in late March set off a scramble among consumers to delete their personal information held by the company, driven by fears of how an acquiring party might attempt to use or monetize their data.
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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 ›