Many retail leases contain provisions in which a party to the lease "represents, warrants and covenants" to some proposition. These three terms are often used together, as if the drafter were hoping to cover all bases by the belts-and-suspenders approach. It is quite possible, however, that many attorneys are not sure what bases they actually need to cover, so they throw in all the words just in case.
- May 02, 2015M. Rosie Rees and David A. Schubert
Fed. Circ.: Brand Pharmaceutical Company Entitled to 50% Of Generic Drug Maker's Profits During Patent Term Only
Fed. Circ.: Petitions For Panel Rehearing on Enhanced Damages In ' 284 Of the Patent Act Are Denied
Fed. Circ.: Defendant Unable to Seek Stay of Patent Infringement Suit Prior to PTAB Instituting Petitions Seeking Covered Business Method Reviews under AIAMay 02, 2015Jeffrey S. Ginsberg and Brooke HazanTenancy in Common (TIC) arrangements are reaching maturity. This article explains the reasons converting to a DST may facilitate a refinancing, and discusses factors to keep in mind when considering the conversion of a TIC to a DST, most notably certain leasing limitations.
May 02, 2015Michael Donovan and Andrea PattonDiscussion of a recent case in which it was determined that neighbors may not enforce the zoning code without making a requisite demand to local officials.
May 02, 2015ljnstaff | Law Journal Newsletters |The Big Data-Internet connection is evidenced by the fact that the Internet is required for most Big Data transactions, including collection, storage and dissemination. Most of Big Data's content consists of uniquely Internet-related elements, namely users' transactions, meta-tag applicators and Internet content providers.
May 02, 2015Jonathan BickDirectors and officers of struggling corporations seeking capital or startups willing to trade equity for cash should carefully read the Delaware Court of Chancery's recent transcript ruling in Elite Horse Investments Ltd. v. T3 Motion and consider it a cautionary tale.
May 02, 2015Brett M. McCartneyDiscussion and analysis of several important decisioins.
May 02, 2015ALM Staff | Law Journal Newsletters |Potential liability for data breaches has emerged as a major concern for businesses in the past few years as massive cyber-attacks are increasing, with companies that use or store private customer data electronically or use social media as part of their marketing strategy being the prime targets.
May 02, 2015James D. Gassenheimer and Lara O'DonnellThere is a precarious relationship between a company's boasting and the potential impact on those to whom it crows. In the parlance of the law, communication of this type has come to be known as "puffery."
May 02, 2015R. Scott Oswald and Adam Augustine CarterWho's going where; who's doing what.
May 02, 2015ALM Staff | Law Journal Newsletters |

