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Due Diligence in Distressed Community Hospitals Image

Due Diligence in Distressed Community Hospitals

Deborah Williamson, Mark Andrews & Richard Y. Cheng

Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.

Features

The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary Image

The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary

Brad A. Molotsky

In this ever-evolving space, where 30 states have permitted medical cannabis and nine states have permitted adult-use cannabis, there are many issues that come into play in a lease tailored to cannabis dispensing or grow facilities. This article sensitizes the reader to the notion that these types of leases are not “business as usual,” and that they have their own nuances.

Features

Computing Rent Overcharges in Light of Roberts Image

Computing Rent Overcharges in Light of Roberts

Stewart E. Sterk

In Roberts v. Tishman Speyer Props, L.P., the Court of Appeals established that a landlord receiving J-51 benefits could not avail itself of the benefits of luxury deregulation.

Features

Why Do Cybersecurity Programs Fail? Image

Why Do Cybersecurity Programs Fail?

Chris Moschovitis

It seems this should be a key question for everyone in business, government, technology, and cybersecurity: If we know the problem with cybersecurity, and have ways of methods of addressing the problem, why are we still failing?

Features

Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act Image

Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act

Marjorie Peerce & Mary K. Treanor

In Lagos v. United States, the U.S. Supreme Court ruled that corporate victims of criminal offenses cannot recover expenses incurred from internal investigations that the federal government has neither requested nor required under the Mandatory Victims Restitution Act of 1996,

Features

The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up Image

The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up

Justin Oliver

Beginning on Nov. 13, 2018, the USPTO will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin "using the same claim construction standard that would be used to construe the claim in a civil action …."

Features

Get It in Writing: Deducting False Claims Act Payments Image

Get It in Writing: Deducting False Claims Act Payments

Ashley M. Drake & Joseph F. Savage, Jr.

In fiscal year 2017, the DOJ collected more than $3.7 billion dollars from False Claims Act (FCA) cases — part of the $86 billion it has collected from FCA cases since 1986. States and municipalities are aggressively pursuing FCA recoveries as well. Whether or not such payments are deductible as business expenses under the Internal Revenue Code is an important consideration when negotiating a settlement with the government.

Features

Unprepared for a Cyberattack? The DOJ Wants to Change That Image

Unprepared for a Cyberattack? The DOJ Wants to Change That

Phillip Bantz

<b><i>New U.S. Department of Justice Cybersecurity Guidelines Stress Preparedness Amid Reports That Many Organizations Have Failed to Plan for a Breach</b></i><p>Data protection tips are virtually everywhere these days. So it's hardly surprising that the U.S. Department of Justice has released new guidelines on that very topic. The UK's National Cyber Security Centre is poised to follow suit.

Features

New York State's Latest Ticket Sales Reforms Image

New York State's Latest Ticket Sales Reforms

Anthony J. Dreyer & Andrew Green

The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.

Features

Alleging the Existence of a Trade Secret in a Misappropriation Case Image

Alleging the Existence of a Trade Secret in a Misappropriation Case

Daniel R. Saeedi

<b><i>The Detail Dilemma</b></i><p>How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.

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    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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