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Buyout Provisions In Commercial Lease Litigation
May 01, 2023
Litigation frequently involves an attempt by one party to enforce the terms of the buyout provision through specific performance. But that remedy may be less readily available than the parties might assume. This article explores the reasons why, and suggests some drafting considerations.
Ninth Circuit Bankruptcy Panel Holds Lack of Timely Objection Bars Objection to Homestead Value Exemption
May 01, 2023
In In re Masingale, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property.
Players On the Move
May 01, 2023
A look at moves among attorneys, law firms, companies and other players in entertainment law.
IP News
May 01, 2023
Federal Circuit Affirms the Board's Finding of Anticipation Because Prior Art Patent and References Incorporated Therein Inherently Meet the Disputed Claim Limitations Federal Circuit Affirms a Finding of Infringement Because the District Court Correctly Construed "a" and "said" and Rejects Anticipation Argument on Waiver Grounds Federal Circuit Vacates Judgment of Non-Infringement Because the Underlying Stipulation Failed to Provide Sufficient Detail for the Court to Resolve Certain Claim Construction Issues
Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments
May 01, 2023
The court affirmed a lower court's decision granting the landlords' motion for summary judgment, after determining the applicable force majeure provisions and common law doctrines the tenants relied on didn't excuse payment obligations.
Limitations on Omissions Liability for Opinions Following 'Omnicare'
May 01, 2023
"Everyone is entitled to his own opinion, but not his own facts." The Supreme Court has applied this maxim to the securities laws, holding in Omnicare v. Laborers District Council , that while statements of opinion generally are not actionable, there are some narrow circumstances in which such statements entail or imply false or misleading assertions of fact.
Business Development Strategies to Inspire Trust and Confidence from the Beginning
May 01, 2023
Someone may think we are exceptionally kind, funny and compassionate, but may not be assured we can accomplish a client's goal, in which case they will be hesitant to refer business to us. So, how do we begin to inspire trust and confidence in the first meeting?
Bankruptcy Court Rules Limited Partnership Agreement Is Not an Executory Contract
May 01, 2023
Certain types of agreements, such as real estate leases, clearly are executory contracts subject to assumption or rejection in bankruptcy cases. But what about the partnership agreement itself?
Bit Parts
May 01, 2023
"Sister Sledge" Sibling's Use of "Sister Sledge Sledgendary" Isn't Trademark Infringement
Rule 10b-5 Liability: The Second Circuit and 'Lorenzo'
May 01, 2023
Part Two of a Three-Part Article This three-part series discusses the Second Circuit's recent Securities law landmark case, S.E.C. v. Rio Tinto. However, in order to discuss Rio Tinto, it is important to first understand the Supreme Court landmark cases upon which Rio Tinto is based: Janus Capital Group, Inc. v. First Derivative Trader, discussed in the first installment, and S.E.C v. Lorenzo, discussed here.

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