Features
Prosecuting PPP Fraud May Be Harder Than It Seems
This article discusses what tools the government has for pursuing seemingly undeserving PPP borrowers, the obstacles to bringing such cases, and the factors that may influence the government's decision in pursuing criminal or civil cases.
Features
U.S. Supreme Court Rejects 'Defense Preclusion' in Trademark Suit
On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand was not precluded from asserting its defenses in its long-standing trademark litigation against Marcel Fashions Group
Features
Defending FCA Actions Related to Pandemic Programs
With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs' lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.
Features
Advertising Section 363 Sales in the Digital Age
this article provides an overview of the legal landscape governing §363 sales and the types of Internet-based resources available to potential asset sellers.
Features
Demand for Contract Lawyers Is Rising from COVID-19 Business Disruptions
Recruiters say the demand for contract attorneys in corporate and government legal departments and law firms is rising as the ongoing COVID-19 pandemic creates more of certain types of legal work.
Features
9th Circuit Says Copyright Attorney Fees Available in Declaratory Suits
A declaratory judgment action for copyright abandonment can give rise to fee shifting under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit ruled in a case of first impression.
Features
Corporate Criminal Liability in the COVID-19 Era
Compliance Programs Offer Companies an Opportunity to Mitigate Risk This article outlines the principles of corporate criminal liability, including the factors prosecutors consider when making charging decisions, and the potentially available sanctions in light of applicable U.S. Sentencing Guidelines, and offers strategies for minimizing risk, including lessons from recent criminal enforcement actions.
Features
Non-Monetary Defaults in Commercial Leases: A Difficult Eviction
"I want them out!" When a tenant stops paying rent, landlords usually have this reaction. But what about those tenants faithfully paying rent while breaching other provisions of the lease? This article examines the eviction of a commercial tenant for non-monetary defaults.
Features
Putting the "Social" Back into Social Media: Helping Attorneys Connect with Others
Most attorneys are expecting social media to be a panacea to bring in new clients during this incredibly unusual time in our history. As marketing and business development professionals and coaches, we know we have to teach our attorneys that, like any other marketing and business development tactic, there is no magic bullet. But that by using social media, it will help them create attention and assist in building relationships.
Features
Artificial Intelligence and Copyright: Ownership and Fair Use
Machine learning allows certain AI to create entirely new content based upon the materials it used to learn. In the process of creating new content, AI may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.
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