LJN Newsletters

  • An Ounce of Prevention: Preparing for CARES Act Fraud Investigations

    The government appears to be fulfilling its commitment to rooting out PPP fraud, even when the amount at issue falls below the $2 million threshold. No matter the size of the loan, a company that obtained PPP funds is not immune from a possible government investigation or audit. Borrowers have already started to submit loan forgiveness applications, and many more will be submitted in the weeks ahead, and both lenders and the government will be scouring these submissions for red flags.

    August 01, 2020Nekia Hackworth Jones

  • What's In a Name? Booking.com and Consumer Perception Evidence

    In the first case in U.S. Supreme Court history argued by telephone, the Court on June 30, 2020 ruled 8-1 in favor of Booking.com holding that it could register as a trademark its eponymous domain name BOOKING.COM.

    August 01, 2020David H. Bernstein and Jared I. Kagan

  • Chief Legal Officers Taking Lead In Cybersecurity Policy, ACC Reports

    In addition to helping make strategic business decisions, general counsel and chief legal officers are now often tasked with playing a leading part in a corporate cybersecurity and data privacy plan, according to the Association of Corporate Counsel's 2020 State of Cybersecurity Report.

    August 01, 2020Dan Clark

  • Survey Says: Tips On Getting Over the Daubert Hurdle

    This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.

    August 01, 2020Rebecca Kirk Fair, Peter Hess and Vendela Fehrm

  • Cash Flows for Commercial Leases During COVID-19

    To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.

    August 01, 2020Jonathan Koevary and Robert Gagne

  • Bankruptcy Sales: Finding a Diamond In the Rough

    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

    August 01, 2020Matthew I. Kramer

  • Copyright Considerations In Artificial Intelligence

    In the process of creating new content, AI, which has moved into the entertainment industry, 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.

    August 01, 2020Shaleen J. Patel and Sushmitha Rajeevan

  • Landlord & Tenant Law

    Statute of Frauds Bars Lease Claim Buildings Constitute Horizontal Multiple Dwelling No Agreement to Renew No Wrongful Eviction When Subtenant Remains On Premises

    August 01, 2020ssalkin