Features
Patent Policing: Federal Circuit Upholds District Courts’ Inherent Authority to Sanction Party Conduct
In recent decisions, the Federal Circuit affirmed the inherent powers of district courts to investigate and address potential party misconduct in patent litigations, including suspected fraud and bad faith conduct. This article delves into these key cases that upheld district courts’ policing by standing orders or sanctions and underscore the importance of transparency and proper conduct in patent litigation.
Features
Reading the Tea Leaves: Jury Awards $2+ Million for Bigelow’s “Manufactured in the USA 100%” Label
On April 8, 2025, a California jury found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming that some of its teabags were “Manufactured in the USA.” The price for this mislabeling was steep, with the jury awarding the class action plaintiffs $2.36 million.
Features
Navigating The Matrix: Mapping Your Firm's Capabilities in a Complex Legal Landscape
The concept of "The Matrix" has existed for decades in professional services firms, though it represents a relatively new framework within the legal industry. This powerful approach to understanding organizational capabilities and client relationships offers law firms a strategic advantage in today's competitive marketplace.
Features
The 56% Problem: Manual Document Tasks Are Holding Lawyers Back — AI May Be the Solution
A new generation of legal tech, including rapidly advancing AI and AI assistants, is introducing capabilities that don’t just automate individual steps. These tools act as proactive collaborators, intelligently navigating complex documents, surfacing key risks, applying context, and taking action. They’re helping legal teams move from manual to marvelous — and that transformation is happening faster than many realize.
Features
DJK Enterprises: Prepetition Waiver of Automatic Stay In Previously Negotiated Forbearance Is Unenforceable
A recent bankruptcy court decision has added its perspective to an increasingly divergent line of case law scrutinizing the enforceability of a debtor’s prepetition waiver of the automatic stay afforded to it by Section 362(a) of the Bankruptcy Code.
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.
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