Features

How Courts In the U.S. and the UK Are Addressing Key GenAI Copyright Infringement Issues
How the courts in the U.S. and the UK are addressing the key copyright infringement issues as they relate to generative AI models and output, and highlights the differences, particularly in the area of “fair use”/”fair dealing” and statutory provisions unique to each country.
Features

TTAB Allows for Non-User to Oppose Trademark for Reputational Injury
In a recent case, although finding no standing in the case in front of it, a federal court noted that it was, however, possible that a nonuser could demonstrate entitlement to cancel or oppose by establishing either lost sales in the United States or reputational injury in the United States under the Lanham Act.
Columns & Departments

Co-ops and Condominiums
Co-Op’s Refusal to Transfer Shares to Romantic Partner Did Not Constitute Housing DiscriminationCo-Op Had Right to Demand Removal of Whirlpool Tub
Features

Increasing Urbanization Revives Attractive Nuisance Doctrine
From parks and playgrounds to construction sites and urban farming initiatives, urban environments are becoming more complex, with new opportunities for residents and visitors alike. But with these changes come new challenges, especially for property owners. One of the biggest legal issues they may not even realize is impacting them: the “attractive nuisance” doctrine.
Features

Did 'FTX' Start Trend of Using the Threat of an Examiner Costs and Complications As a Source of Leverage?
There are some indications that parties may in fact be using the threat of an examiner and its associated costs and complications as a source of leverage, although the jury is still out on the full impact of the FTX decision on examiner motion practice.
Features

Second Circuit Expands DOJ Power In Anti-Kickback Statute
In recent years, the DOJ has wielded the Anti-Kickback Statute (AKS) to exact steep penalties from corporate actors and individuals alike for the improper exchange of something of value to generate healthcare business funded by a federal program. When coupled with the False Claims Act, the AKS turns into a potent civil enforcement tool that carries many of the same draconian penalties as criminal enforcement, achieved via a less demanding path.
Features

AI-Training Ruling Finds No Fair Use
A recent AI copyright ruling out of federal court could have a sprawling impact on how companies, both big and small, use the technology responsibly.
Features

AI for Legal Professionals
Mastering AI tools is vital for law firms striving to remain competitive. The increasing demand for prompt and effective services means firms that do not adapt may fall behind.
Features

Is Google Search Dead? How AI Is Reshaping SEO and Search
AI-driven assistants like ChatGPT and Gemini have completely shifted how people find information. Instead of relying on traditional search results, users are turning to conversational models that deliver direct answers, and mostly good ones, in seconds. This is a massive wake-up call for firms that rely solely on SEO strategies.
Columns & Departments

Real Property Law
Co-Tenant’s Adverse Possession Claim Raises Issues of Fact About HostilityBona Fide Purchaser of Property Sold At Foreclosure Is Protected Against Claims That the Foreclosure Sale Was ErroneousTown Not Strictly Liable for Emitting Pollutants Into Lake
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MOST POPULAR STORIES
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›