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Features
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.
Features
While money is an important way to lure in associates and even lateral partners, firms that focus solely on this one thing might be ignoring a powerful secret recruiting weapon: public relations.
Features
Because the Second Circuit held that a bare violation of New York's Mortgage-Satisfaction-Recording Statutes without a demonstration of actual injury conferred federal jurisdiction, a mortgagor now has the ability to bring a class action in federal court.
Features
While analysts predict firms will still see savings from expense cuts in 2021, these savings won't be as dramatic as in 2020 and, moreover, recommend that firms should use profit gains to invest in long-term strategies for growth — like technology.
Features
Amidst pressure from sweeping legislation across the country, and still reeling from a major loss at U.S. Supreme Court, the NCAA suspended all rules prohibiting student athletes from profiting off their name, image and likeness.
Features
While analysts predict firms will still see savings from expense cuts in 2021, these savings won't be as dramatic as in 2020 and, moreover, recommend that firms should use profit gains in 2020 and 2021 to invest in long-term strategies for growth — like technology.
Features
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.
Features
In the past year, the Federal Circuit has repeatedly required the U.S. District Court for the Western District of Texas to transfer patent infringement suits from that district to more convenient venues, and in doing so it has provided increasingly specific — and often pointed — guidance to courts and litigants on the appropriate analysis for transfer motions.
Features
Because gamification is frequently misunderstood, people often diminish it in conversations about diversity, equity and inclusion. An examination of gamification as a whole, however, shows how it lends itself to addressing serious issues.
Columns & Departments
Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status Tenant's Impossibility and Frustration of Purpose Defenses Rejected Tenant's Frustration of Purpose Claim Survives Neutral Appraiser Entitled to Examine Previous Appraisals
