The Ninth Circuit decided that a group of African-American-owned television networks can pursue racial discrimination claims against Charter Communications Inc., the nation's third-largest cable provider.
March 01, 2019Ross Todd
The FCA is not a model of clarity. In a certiorari petition in United States ex rel. Hunt v. Cochise Consultancy, the U.S. Supreme Court will address an area of uncertainty that has led to a three-way circuit split regarding the FCA's statute of limitations. Depending on the outcome, FCA defendants could end up facing even more claims up to a decade old or, alternatively, have a new limitation on FCA actions upon which to rely.
March 01, 2019Jonathan S. Feld, Eric Klein and Andrew VanEgmondThe U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling in Capitol Records LLC v. ReDigi Inc., affirming summary judgment in favor of Capitol Records and its record label co-plaintiffs in a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.
March 01, 2019Robert J. Bernstein and Robert W. ClaridaWhy Commercial Fraud Claims Sometimes Fail, and the Importance of Due Diligence If a court decision called you "sophisticated," it was probably not intended as a compliment, but instead signaled the death knell of your fraud claim.
March 01, 2019Joseph I. FarcaIn Stoebner v. Opportunity Finance, LLC, the U.S. Court of Appeals for the Eighth Circuit held that “… Ponzi scheme payments to satisfy legitimate antecedent debts to defendant banks could not be avoided” by a bankruptcy trustee “absent transaction-specific proof of actual intent to defraud or the statutory elements of constructive fraud — transfer by an insolvent debtor who did not receive reasonably equivalent value in exchange.”
March 01, 2019Michael L. CookSince the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
March 01, 2019J. Alexander LawrenceA Philadelphia lawyer is suing the founder of a fast-growing litigation boutique over a purported fee-sharing settlement, is arguing that the boutique backed out of the settlement so it could fund other cases against video game makers.
March 01, 2019Lizzy McLellanBeing asked to join the partnership of a firm is a measure of success as a legal professional. With that achievement comes tax and financial responsibilities that, surprisingly, few attorneys are fully prepared to deal with. These responsibilities include the unexpected individual federal and state and local tax filing and payments.
March 01, 2019John Fitzgerald and Christopher ImperialeWith every request for external exposure, there is also an assumption that one effort of marketing will result in millions in new revenue. Yet, we all know that the responsibility to implement all marketing initiatives is on the lawyers.
March 01, 2019Richard BrackenIn today's global economy, companies often have multiple business lines operating through separate entities. Outside of bankruptcy, these affiliated operations sometimes transact in a holistic — albeit legally distinct — debtor-creditor relationship with their counterparty. But, as this article discusses, the legal separateness of affiliates can hinder economic protections that a creditor might have otherwise when its counterparty files for bankruptcy.
March 01, 2019Adam C. Rogoff
