Features
Enforcement Priorities May Change, But Deciding Whether to Self-Report Is Always a Balancing Act
While the enforcement landscape continues to evolve, companies should continue to maintain effective compliance programs and fully remediate any issues that arise.
Features
Shifting Jurisdiction Prior to Bankruptcy Filing Must Be In Best Interest of Creditors
Bankruptcy courts typically scrutinize transactions that attempt to shift the jurisdiction or activities of a debtor, prior to filing for bankruptcy, on the basis that such actions may thwart creditor expectations or accomplish other improper objectives.
Features
Post-Amgen Patent Playbook: Section 112 Under the Microscope
The Supreme Court’s unanimous 2023 decision in Amgen v. Sanofi reshaped enablement analysis for broad genus patent claims. In the wake of Amgen, broad functional claims have been scrutinized rigorously for sufficient disclosure. This article summarizes key post-Amgen decisions, which illustrate how patent drafters and litigators must navigate the fine line between claim breadth and disclosure depth in the post-Amgen era.
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Drawing the Line: What Constitutes Harboring Under the Alien Harboring Statute?
The harboring provision of the Immigration and Nationality Act criminalizes the act of “concealing, harboring, or shielding from detection” any alien who is unlawfully present in the United States. This article examines a few federal cases to illustrate the doctrinal contours of harboring — drawing a clear distinction between active concealment and passive accommodation.
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Strategies for Buying Distressed Real Estate from a Receiver
Buying distressed real estate from a receiver presents unique opportunities and challenges. A court-appointed receiver manages and preserves assets for creditors, investors, or other stakeholders, typically in cases involving financial distress or mismanagement. Because of these circumstances, purchasing real estate from a receiver requires a strategic approach. Below are key considerations for successfully acquiring real estate in a receivership sale.
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Nosy, Daring and Unguarded: The Case for a More Conversational Practice of Law
When first practicing law, most lawyers think they need to sound like a lawyer. Not just any lawyer, but the kind of lawyer who uses words like "heretofore" and "whereas" in casual conversation. But somewhere between their first set of discovery requests and their hundredth client meeting, good lawyers often reach the same conclusion: no one actually likes talking to a lawyer who sounds like a lawyer.
Features
Despite Appearances, Crypto Enforcement Still Has a Pulse
The contrast between the Trump Administration’s ostentatious embrace of cryptocurrency and the prior administration’s chilly skepticism has led some to suggest that the multi-billion-dollar industry is at the dawn of an enforcement-devoid free for all. A more recent, lower key announcement, however, indicates that enforcement still has a pulse.
Features
Tax Assessment Often Minimizes Property Owners Costs of Getting and Retaining Tenants
The vast majority of commercial real property is valued for tax assessment purposes primarily based on the income approach to valuation. However, it is common to find that the assessor has entirely omitted or overly minimized the costs associated with getting the tenant in the first place.
Features
ChatGPT’s Ghibli-Style Images Are Testing Copyright Law
Last month, a flood of whimsical, dreamlike portraits in the style of Studio Ghibli (the Japanese animation studio) swept across social media. What began as a playful social trend quickly raised legal concerns. Within days, users began reporting that OpenAI had restricted prompts referencing specific artistic styles. This trend offers a live case study of how generative AI may implicate core doctrines of copyright law, including derivative works, substantial similarity, and fair use.
Features
The Am Law 100: ‘Flexible’ Compensation Systems Lead to Strong Performance
Big Law firms have stepped into a whole different world of partner compensation in the last year, by stretching their spreads, increasing bonus pools, moving to “black box” systems, adding nonequity tiers, and implementing “super” points, among other changes.
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