Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

Patent Strategy Tips from Fed. Circ. 'Kroy v. Groupon' Ruling on Collateral Estoppel Image

Patent Strategy Tips from Fed. Circ. 'Kroy v. Groupon' Ruling on Collateral Estoppel

Cory G. Smith & George C. Chen & Ellen Komlos

The U.S. Court of Appeals for the Federal Circuit recently addressed the usage of the doctrine of collateral estoppel in patent infringement cases. Specifically, the court considered whether a finding of invalidity of claims by the PTAB at an inter partes review could be used to estop a patent holder from asserting patent infringement of different claims of the same patent in district court litigation.

Features

AI, Crypto, and Fraud: Bankruptcy Court Limits Jurisdiction Over Nondebtor Claims Image

AI, Crypto, and Fraud: Bankruptcy Court Limits Jurisdiction Over Nondebtor Claims

Andrew C. Kassner & Joseph N. Argentina Jr.

The intersection of artificial intelligence and cryptocurrency was involved in a recent decision where the U.S. Bankruptcy Court for the District of Delaware dismissed claims against an alleged participant in a scheme that induced investors to fund over $30 million in an artificial intelligence company designed to generate revenue from enhanced cryptocurrency mining.

Features

Enforcement Priorities May Change, But Deciding Whether to Self-Report Is Always a Balancing Act Image

Enforcement Priorities May Change, But Deciding Whether to Self-Report Is Always a Balancing Act

Jonathan New & Patrick Campbell & Shelleah Jackson

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 Image

Shifting Jurisdiction Prior to Bankruptcy Filing Must Be In Best Interest of Creditors

Evan Jason Zucker & Michael B. Schaedle & Jennifer K. Malow

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 Image

Post-Amgen Patent Playbook: Section 112 Under the Microscope

Stephen R. Auten & Jaimin H. Shah & Roshan P. Shrestha, Ph.D.

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.

Features

Drawing the Line: What Constitutes Harboring Under the Alien Harboring Statute? Image

Drawing the Line: What Constitutes Harboring Under the Alien Harboring Statute?

Harry Sandick & Kabir Hashmi

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.

Features

Strategies for Buying Distressed Real Estate from a Receiver Image

Strategies for Buying Distressed Real Estate from a Receiver

Sandra M. Ferrera

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.

Features

Nosy, Daring and Unguarded: The Case for a More Conversational Practice of Law Image

Nosy, Daring and Unguarded: The Case for a More Conversational Practice of Law

Rachel M. Lary & Amber N. Thompson

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 Image

Despite Appearances, Crypto Enforcement Still Has a Pulse

Robert J. Anello & Richard F. Albert

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 Image

Tax Assessment Often Minimizes Property Owners Costs of Getting and Retaining Tenants

David C. Wilkes & Kevin M. Clyne

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.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
    Read More ›
  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • The Right to Associate in the Defense
    The "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.
    Read More ›