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9th Circuit Says Copyright Attorney Fees Available in Declaratory Suits
June 01, 2020
A declaratory judgment action for copyright abandonment can give rise to fee shifting under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit ruled in a case of first impression.
Corporate Criminal Liability in the COVID-19 Era
June 01, 2020
Compliance Programs Offer Companies an Opportunity to Mitigate Risk This article outlines the principles of corporate criminal liability, including the factors prosecutors consider when making charging decisions, and the potentially available sanctions in light of applicable U.S. Sentencing Guidelines, and offers strategies for minimizing risk, including lessons from recent criminal enforcement actions.
Non-Monetary Defaults in Commercial Leases: A Difficult Eviction
June 01, 2020
"I want them out!" When a tenant stops paying rent, landlords usually have this reaction. But what about those tenants faithfully paying rent while breaching other provisions of the lease? This article examines the eviction of a commercial tenant for non-monetary defaults.
Putting the "Social" Back into Social Media: Helping Attorneys Connect with Others
June 01, 2020
Most attorneys are expecting social media to be a panacea to bring in new clients during this incredibly unusual time in our history. As marketing and business development professionals and coaches, we know we have to teach our attorneys that, like any other marketing and business development tactic, there is no magic bullet. But that by using social media, it will help them create attention and assist in building relationships.
Artificial Intelligence and Copyright: Ownership and Fair Use
June 01, 2020
Machine learning allows certain AI to create entirely new content based upon the materials it used to learn. In the process of creating new content, AI may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.
Real Property Law
June 01, 2020
Conditional Payments Do Not Restart Statute Of Limitations On Foreclosure Action Questions of Fact About Purchasers' Good Faith In Making Mortgage Applications Questions of Fact Remain on Implied Easement Claims Presumption of Hostility Supports Adverse Possession Claim Questions of Fact Remain About County's Liability for Fuel Oil Discharge
Legal Tech: Spring 2020 E-Discovery and Privacy Case Review
June 01, 2020
This quarter's review will take a look at data in three formats: text messages, paper records and overseas email disputes.
Development
June 01, 2020
Prohibition of Advertising Sign Upheld Failure to Consider Rezoning Application Not Subject to Judicial Review
CARES Act Puts Inspectors General Back in the Spotlight
June 01, 2020
IGs have been part of the federal landscape for more than 40 years, so why all the fuss now? The answer is that they are a key element of the government's built-in mechanisms for protecting the nation's public treasury, and a relief package of this scope strongly indicates that the IGs and the new oversight bodies will spend many years scrutinizing funds spent under it.
How to Write Digital Content that Gets Read
June 01, 2020
With over 1.7 billion websites on the Internet, you might say we have a content clutter issue. Adding to the pile should be done strategically, with creativity and careful consideration of how to write digital content. This article provides a step-by-step guide for attorneys and legal professionals to follow when writing blogs, articles, legal alerts, white papers and other online content.

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  • Major Differences In UK, U.S. Copyright Laws
    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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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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  • Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" Bribery
    Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.
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