Features

Migrating Businesses Help Grow South Florida CRE Market Despite, and Because of, the Pandemic
The South Florida office market has seen a shift due to COVID, with some downsizing and modifications of office buildings, but the influx of new potential tenants has helped mitigate any potential downsides other markets may have seen.
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How Many Is Too Many? Billable Hours Can Reach Diminishing Returns
By now, it is well known that this year has been defined, at least in part, by the furious pace at which lawyers have been working. At what point do high billable hours mean diminishing returns for both the lawyer and the firm?
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Van Buren Continues Supreme Court's Pattern of Statutory Interpretation to Avoid Criminalizing Trivial Acts
The Van Buren decision fits into a pattern of the court's modern criminal law jurisprudence that appears motivated by concerns about the ever-expanding reach and severity of federal criminal law.
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Slut-Shamed In the Workplace? Avoiding Exposure for Your Employees' Exposure
Situations involving an employee's voluntary online exposure rarely end well and can bring legal exposure for the employer.
Features

California Federal Court Sorts Out Ownership Issues In Dispute Over Record Albums
Approval of all the co-owners of a copyrighted work is needed to grant exclusive rights to third parties. Despite that, any co-owner can sell that co-owner's exclusive ownership share to third parties without the permission of the others The U.S. District Court for the Eastern District of California recently released an opinion that considered the interplay of these copyright issues.
Features

How to Address Evolving Privacy Regulations During Discovery
One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.
Features

Proposed Changes In UCC Address Virtual Currency Financing
Financial institutions are beginning to accept virtual currencies as collateral for financings. Could this become common for independent film productions and other entertainment industry ventures? This article examines the scope of UCC Article 9 with a focus on virtual currencies, taking into consideration issues of classification and perfection.
Features

Artificial Intelligence and Subject Matter Eligibility In U.S. Patent Office Appeals
For the foreseeable future, patent applications involving artificial intelligence technologies, including machine learning, will increase with the continued proliferation of such technologies. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.
Features

How NY Courts Find Copyright Preemption of State Law Right of Publicity Claims
To survive preemption under §301 of the Copyright Act, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim. Courts typically find that state law claims, such as breach of contract, have an extra element. Other state law claims, such as conversion, get varying court determinations as to whether they are preempted.
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