Features
Legal Tech: Illinois District Court Case Provides TAR Guidance
Livingston v. City of Chicago A new technology-assisted review (TAR) case provides instructive guidance on any number of key issues surrounding the use of TAR.
Features
Alice and Incongruity In PTAB Appeals
This article discusses the significant contrast between consideration of issues related to the U.S. Supreme Court's decision in Alice Corp. v. CLS Int'l in prosecution and their resolution by the PTAB.
Features
New York's Commercial Lease Defenses to Paying Rent
Few landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19's wrath. Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent.
Features
The Potential for Fraud or Misbehavior In the Time of COVID-19
A roundtable discussion on the topic of government investigations, corporate compliance efforts, and the potential for fraud or misbehavior in the time of COVID-19.
Features
Lean In to Business Development with Video
Chief Marketing Officers need to lean in to video now with the decline in face-to-face meetings, mano-a-mano networking at events and speeches before in-person audiences, thanks to the pandemic.
Features
Legal Tech: Legal Tech Is Catching Up to Diversity Efforts. Now They Have to Get Ahead.
While legal tech companies are donating services and time to racial justice initiatives, establishing long-term change may require a more strategic approach and an assist from data analytics.
Columns & Departments
IP News
Federal Circuit Modifies Facebook IPR Joinder Ruling District Court: Stipulation of Noninfringement Does Not Preclude Post-Remand Finding of Infringement
Columns & Departments
Development
Development Consistent With Zoning Ordinance Did Not Require Referral to ZBA Development Agreement Constituted Impermissible Contract Zoning
Features
COVID Shutdown Orders vs. Statutory Rent Obligations
Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach. This clearly is an evolving trend that should continue for at least the duration of the pandemic and perhaps beyond, as bankruptcy judges and practitioners seek out creative and unique responses to difficult issues.
Features
Particularized Pleading of Underlying Illegal Acts in the Second Circuit
Gamm v. Sanderson Farms, establishes a high burden for a plaintiff to plead adequately failure to disclose illegal conduct — regardless of how much circumstantial evidence a plaintiff is able to amass or how much news coverage the alleged conduct attracts.
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