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Patent Strategy Tips from Fed. Circ. 'Kroy v. Groupon' Ruling on Collateral Estoppel
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.
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AI, Crypto, and Fraud: Bankruptcy Court Limits Jurisdiction Over Nondebtor Claims
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.
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Enforcement Priorities May Change, But Deciding Whether to Self-Report Is Always a Balancing Act
While the enforcement landscape continues to evolve, companies should continue to maintain effective compliance programs and fully remediate any issues that arise.
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Shifting Jurisdiction Prior to Bankruptcy Filing Must Be In Best Interest of Creditors
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.
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Post-Amgen Patent Playbook: Section 112 Under the Microscope
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.
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Drawing the Line: What Constitutes Harboring Under the Alien Harboring Statute?
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.
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Strategies for Buying Distressed Real Estate from a Receiver
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.
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Nosy, Daring and Unguarded: The Case for a More Conversational Practice of Law
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.
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Despite Appearances, Crypto Enforcement Still Has a Pulse
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.
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Tax Assessment Often Minimizes Property Owners Costs of Getting and Retaining Tenants
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.
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