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Columns & Departments

IP News

Howard Shire & Shaleen Patel

Federal Circuit Modifies Facebook IPR Joinder Ruling District Court: Stipulation of Noninfringement Does Not Preclude Post-Remand Finding of Infringement

Columns & Departments

Development

ssalkin

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 Image

COVID Shutdown Orders vs. Statutory Rent Obligations

Brett S. Theisen & Mark B. Conlan

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 Image

Particularized Pleading of Underlying Illegal Acts in the Second Circuit

Steven Paradise & Matthew Catalano

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.

Features

Bankruptcy and Intellectual Property Executory Contracts Image

Bankruptcy and Intellectual Property Executory Contracts

Michael H. Strub Jr.

The economic impact of the pandemic has been catastrophic. For many companies, intellectual property are significant assets, and counsel for these businesses, as well as counsel for their creditors, licensees and licensors, will need to understand these issues that arise to avoid pitfalls and take full advantage of opportunities to exploit the full value of a company's IP for the benefit of their clients.

Features

Upcoming Event Image

Upcoming Event

ssalkin & ljnstaff

28th Cutting Edge Entertainment Law Seminar. Oct. 15-17, 2020.

Features

Legalweek NY is Expanding to Guide You Through a Legal Industry Revolution Image

Legalweek NY is Expanding to Guide You Through a Legal Industry Revolution

Zach Warren

The legal industry has undergone several years' worth of transformation over the course of the last six-plus months — so it's clear we're going to need more than a week to cover it all. Legalweek New York event is expanding in 2021 to include a yearlong slate of programming.

Features

The State of the e-Discovery and Data Privacy Job Market: Pre and Post COVID-19 – Part 2 Image

The State of the e-Discovery and Data Privacy Job Market: Pre and Post COVID-19 – Part 2

Jared Coseglia

A deep dive into the pre and post pandemic e-discovery job market landscape and what data privacy professionals can learn from ESI employment trends. Part Two of a Two-Part Article

Features

In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act Image

In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act

Stan Soocher

In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn't directly address a key issue: how to determine termination rights for what are known as "gap grant" works — that is, those created post-1977 under copyright assignments made before then.

Features

COVID-19 and Force Majeure Clauses Image

COVID-19 and Force Majeure Clauses

Neil J. Rosini & Michael I. Rudell

The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party's obligations without liability.

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