Features

For forward-thinking real-estate investors, mortgage-default litigation can unlock off-market assets, compress deal timelines, and capture risk-adjusted alpha. Indeed, investors can convert distressed credit into dependable, non-correlated returns. The mechanism for unlocking this value often includes the “hammer” that is foreclosure litigation. But it is not that easy.

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Subscription businesses may have breathed a sigh of relief when a federal appeals court blocked the Federal Trade Commission’s “click-to-cancel” rule in July, but legal experts say they should scale back their compliance efforts only modestly, or perhaps not at all.

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In 1997, Supertramp members Roger Hodgson and Rick Davies, the band’s main songwriters, agreed to share their songwriting and publishing income with the group’s three other members — John Helliwell, Robert Siebenberg and Douglas Thomson — and their personal manager David Margereson. But there was one key point missing in the participation memorandum: The agreement didn’t state how long it would remain in effect. It wasn’t until August 2025 that the issue was decided, by the U.S. Court of Appeals for the Ninth Circuit.

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In a recent decision, the U.S. Bankruptcy Court for the District of New Jersey subordinated a 502(h) claim to prevent the claimant from being paid in full prior to investors defrauded by the debtors’ pre-petition operation of a Ponzi scheme. In its decision, the court maintained that the equitable powers of bankruptcy courts were sufficiently broad to subordinate a claim on equitable grounds under Section 510(c) and that there is nothing in the Bankruptcy Code that prevents a court from so doing.

Columns & Departments

Federal Circuit: Board Erred in Finding No Likelihood of Confusion Between KIST and SUNKIST MarksFederal Circuit: No Jurisdiction Where Petitioner Offers a Non-Patent Law Related Ground for Relief

Features

In an industry where every square foot and every second count, paper records are more than a legacy. They are a liability. While many law firms continue to manage sprawling records rooms and offsite storage contracts, a growing number are discovering measurable value, both fiscal and strategic, by embracing smarter digitization strategies.

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How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That dilemma surfaced when a California federal judge recently dismissed a claim of direct infringement raised by a group of authors.

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One of the most revealing contradictions in today’s legal landscape is hiding in plain sight. Mobile data now plays a role in more than 75% of e-discovery matters, yet fewer than half of legal teams say they see it in even half of their cases. In an era of encrypted messaging, BYOD policies, and dispersed workforces, this isn’t just an oversight, it’s a liability.