Features

10th Circuit Looks At Nuances of Challenging Fraudulent Conveyance
Under the Bankruptcy Code, not only can the initial recipient of a fraudulent conveyance be held liable, but so too can a subsequent transferee. However, there can be important nuances in the challenged transaction that may provide a subsequent transferee with a substantial defense.
Features

Legal Tech: Summer 2020's Most Interesting E-Discovery Cases
Social Media & Cell Phones Still Represent an E-Discovery Battleground
Features

Bankruptcy 'Plunderers' Can Be Sued by Creditors, Third Circuit Rules
The U.S. Court of Appeals for the Third Circuit has ruled in a precedential decision that in cases where a trustee has abandoned a bankrupt entity, a creditor can nevertheless sue those who "plunder" a near-insolvent company of its remaining assets.
Columns & Departments
Eminent Domain Law
Claimant Must Repay Advance Payment When Judgment Determines That Value Was Smaller Than Advance
Columns & Departments
IP News
Federal Circuit: ITC Did Not Err in Denying Non-Respondent's Petition to Rescind Exclusion Order Based on Invalidity Grounds Federal Circuit: District Court Did Not Err in Ruling that 'Half-Liquid' Is Indefinite Federal Circuit: District Court Did Not Err In Allowing Jury to Determine Infringement Based on Products' Compliance with Standard
Features

Commercial Real Estate Market Lags Behind Residential Rebound
National Association of Realtors Survey Shows Most Commercial Tenants Struggling to Pay Rent While the residential real estate market is experiencing what appears to be a swift rebound from the coronavirus-induced slump, the commercial landscape still looks relatively bleak.
Features

Is an 'Official Act' An Element of Public and Private Corruption?
This article discusses cases that have begun to address whether "official act" is an element in a private honest services fraud prosecution.
Columns & Departments
Bit Parts
Film Clips Included in Talent's Acting Reel Are a Copyright Fair Use Ninth Circuit Finds Judd/Weinstein Meeting Within Scope of California Sexual Harassment Statute Personal Manager's Lawsuit in New York Against Former In-House Counsel Can Move Forward
Features

Business Development While Social Distancing
While it is a little more challenging to build relationships that will turn into referrals and new clients today due to social distancing, it is not impossible by any means. It requires shifting to doing more thought leadership and relying on social media and webinars. Here are some ideas on how to incorporate these tools into your marketing and business development strategy and turn your connections into new business and referrals.
Features

Buying In to the ALSP Market
Some Firms Are Forming Subsidiaries to Deliver Legal Services In New Ways Buyers have a broader slate of options in 2020 than ever before, whether that means handling more work in-house, hiring temporary lawyers during a crunch, or turning to a recently launched "alternative provider" to address the massive pile of contracts they need to manage.
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- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Attachment and Perfection of Security InterestsThis article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›