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Supreme Court: Statements Made to FDIC Need to Be “False,” Not Just “Misleading” Image

Supreme Court: Statements Made to FDIC Need to Be “False,” Not Just “Misleading”

Elkan Abramowitz & Jonathan Sack

This article describes the prosecution in Thompson, then turns to the Supreme Court’s rejection of the government’s contention that 18 U.S.C. §1014 criminalizes misleading as well as false statements.

Features

Commercial Real Estate Insurance Taking More Comprehensive Approach to Risk Evaluation Image

Commercial Real Estate Insurance Taking More Comprehensive Approach to Risk Evaluation

Candise Shanbron

The commercial property insurance industry is undergoing a dramatic shift. Gone are the days when property owners and operators could simply provide a building appraisal or portfolio valuation to an insurance broker, who would then reach out to a handful of insurance companies to obtain quotes.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Defense Due To DHCR’s Refusal to Correct Registration Mistake; Tenant’s Breach of Contract Claim Survives Motion to Dismiss; Acceptance of Surrender Does Not Relieve Tenant of Liability for Damages

Features

Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2 Image

Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2

Emily J. Roberts, Ph.D. & Adam R. Brausa

This two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. Part One led off with a discussion of the legal requirements for antedating prior art by establishing an earlier invention via: 1) conception and diligent reduction to practice; and 2) actual reduction to practice. Part Two discusses the legal requirements for removing prior art that discloses an inventor’s own work and the evidentiary requirements for swearing behind prior art.

Features

How AI and Open-Source Intelligence Are Redefining Risk in Legal Operations Image

How AI and Open-Source Intelligence Are Redefining Risk in Legal Operations

Matt Winlaw

No longer is legal risk management confined to checklists and backward-looking assessments. AI and OSINT are enabling legal professionals to anticipate, adapt, and act with greater speed and precision. But realizing the full potential of these tools requires more than technical integration. It demands a new operational mindset — one that prioritizes intelligence, agility, and continual learning.

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Mutual Mistake About Ownership Does Not Defeat Cotenant’s Adverse Possession Claim; Servient Owner’s Laches Defense Reinstated In Easement Dispute; Constructive Notice Precludes Village’s Claim to Be Free of State’s Unrecorded Easement; Complaint Does Not Support Claim That Deed Was Forged

Features

Law Firm Leasing Boomed During Q1 of 2025 Image

Law Firm Leasing Boomed During Q1 of 2025

Brenda Sapino Jeffreys

Law firm leasing boomed during the first quarter of 2025, with double the volume during the same period of 2024, and 68.8% of firms chose to stay in place, a significant increase from recent years.

Features

Managing Consumer Data In Bankruptcy Proceedings Image

Managing Consumer Data In Bankruptcy Proceedings

Benjamin Joyner

Consumer genetics company 23andMe’s bankruptcy in late March set off a scramble among consumers to delete their personal information held by the company, driven by fears of how an acquiring party might attempt to use or monetize their data.

Features

DOJ Shifts White-Collar Crime Enforcement Strategies Image

DOJ Shifts White-Collar Crime Enforcement Strategies

Sean B. O’Connell & John S. Ghose & Sabrina Marquez

The DOJ announced on May 12, 2025, a strategy shift in its approach to white collar enforcement, identifying specific high-impact areas of focus; an expansion of whistleblower and self-disclosure incentives; and a narrowed use of corporate monitorships. These strategic shifts present significant opportunities for companies and individuals currently facing government investigations, particularly where those investigations no longer align with DOJ priorities.

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