Third Circuit: CFAA Not a Backdoor Mechanism for Punishing Employees
October 31, 2025
By aligning with the Supreme Court’s reasoning in Van Buren v. United States,the Third Circuit emphasizes that the CFAA should not serve as a catchall enforcement tool for employers. The decision draws a clear boundary between criminal conduct and employment disputes, reinforcing that the CFAA is not a backdoor mechanism for punishing employees.
Sports-Collectibles Antitrust Lawsuit Hurled At TikTok, Fanatics and NFL
October 31, 2025
A small sports memorabilia business in Ohio filed a sweeping federal antitrust lawsuit alleging that TikTok, the National Football League (NFL) and sports retail giant Fanatics conspired to monopolize the multibillion-dollar sports collectibles market and systematically eliminate independent sellers.
Using Analytics and Predictive Modeling In Legal
October 31, 2025
For decades, in-house practitioners have chosen outside litigation counsel through instinct, personal networks and anecdotal experience, often defaulting to a familiar name, a trusted former colleague, or a firm remembered for a handful of “big wins.” More recently, some have attempted to bring data into the process, which while useful, rarely correlate with future performance in the unique circumstances of a new matter. Today, forward-looking general counsel are beginning to adopt the same kind of predictive analytics that have already reshaped other high-stakes industries.
Co-ops and Condominiums
October 31, 2025
Condominium Buyer Failed to Demonstrate Lawful Excuse for Failure to Perform
DE Bankruptcy Court Addresses Standing In the Context of a Fraudulent Conveyance Action
October 31, 2025
In the recent case of In re ONH AFC CS Investors, the U.S. Bankruptcy Court for the District of Delaware examined the issue of standing in the context of a fraudulent conveyance action and whether a liquidating trustee had standing to pursue fraudulent conveyance claims when the beneficiaries of those claims were the debtors’ equity holders. Under limited circumstances, which were present in this case, the court found that the trustee could pursue such claims.
Exploring the Passive Loss Tax Exemption for ‘Real Estate Professionals’ In the OBBBA
October 31, 2025
One often-overlooked provision that was made permanent by the One Big Beautiful Bill Act could have a significant negative impact on certain taxpayers, particularly those in the rental real estate industry. Many rental real estate owners qualify for the real estate professional exception and thus are not subject to the passive loss rules.
Fresh Filings
October 31, 2025
Notable recent court filings in entertainment law.
