Features
Shifting Crypto and Cyber Priorities In SEC Enforcement
When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.
Landlord & Tenant Law
Owners Vicariously Liable for Discrimination By Real Estate AgentResidential Loft Tenant Entitled to Yellowstone InjunctionIndicia of Fraud Justify Examination of Rental History Beyond Base Date
Features
Writing Strong Antibody Claims: Avoiding or Addressing USPTO Rejections for Written Description and Enablement
Many patent applicants currently face difficulty in obtaining antibody claims because of written description and enablement rejections under 35 U.S.C. §112(a). The USPTO routinely rejects claims as too broad, arguing that such claims cover more antibodies than the specification discloses, or that undue experimentation would be needed to determine whether an antibody reads on the claims. These heightened disclosure requirements increase laboratory costs to generate sufficient data for a §112(a)-proof specification.
Features
District Court Affirms Bankruptcy Court Conversion of Subchapter V Case to Chapter 7
The U.S. District Court for the Southern District of New York affirmed a decision by the U.S. Bankruptcy Court for the Southern District of New York converting a debtor’s Subchapter V case to a Chapter 7 case. In particular, the district court found that the bankruptcy court’s decision to convert was not an abuse of discretion, especially in light of the serious conflicts of interest that existed between the debtor and the potential target of significant fraudulent transfer claims held by the debtor’s estate.
Features
CA Supreme Court Upholds Co-Tenancy Clause
The Supreme Court of California determined that the landlord held the requisite control under the associated lease agreement with the co-tenant because that co-tenant was located on property owned by that landlord. The court made a clear distinction between that scenario and the situation where a co-tenant is located on property owned by an unrelated third party.
Features
Strategies for Negotiating AI Vendor Contracts
As artificial intelligence continues making inroads into the entertainment industry, AI vendor contracts are introducing new legal complexities that go beyond traditional “Software as a Service” (SaaS) agreements, often shifting significant risk onto customers.
Features
The Rise and Rise of Hospitality In Law Firms
The demand for client-facing hospitality experiences has intensified. Law firms are incorporating more client-centric services, such as personalized spaces for client meetings, high-end catering, and concierge-style offerings during in-person visits.
Features
How Prepared Are You for Trump 2.0’s Worksite Enforcement Regime?
As the first months of the new administration have demonstrated, President Trump fully intends to deliver on the campaign promise to “restart workplace enforcement.” Employers should prepare now to confirm their employees are authorized to work and have robust compliance policies and procedures in place should ICE come knocking.
Features
How UK Is Grappling With Copyright Issues In AI
How the United Kingdom is addressing the key copyright infringement issues as they relate to generative AI models and output, and highlights the “fair dealing” and statutory provisions unique to the country.
Features
Reframing the AI Debate Will Improve How We Practice Law
For the last several years, I’ve become obsessed with a particular legal, technological, and philosophical question: Can a robot invent on its own?
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Delaware Chancery Court Takes Fresh Look At Zone of InsolvencyOver a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›
- Ransomware – COVID-19 & Upgrading Your DefensesIt's pretty shameful that in the current crisis we're seeing ransomware on the rise. It's even more shameful that organizations involved in fighting the virus seem to be especially at risk.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
