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Navigating the Fear and Promise of Artificial Intelligence

AI solves real challenges and answers real questions that lawyers face every day. It can accomplish or facilitate these tasks more quickly, accurately and efficiently than even the most capable human experts — with the goal of augmenting their skills rather than replacing them.

Addressing Disproportionate Forfeitures: Refining the Bajakajian Analysis

Part Two of a Two-Part ArticleIn Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — United States v. Bajakajian — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.

Legal Tech: E-Discovery Case Digest

A look at key court rulings on e-discovery matters from the winter of 2017-18.

Case Notes

She's Not a Third-Party Beneficiary

How to Leverage Media Relations Throughout an Attorney's Career

A lawyer can utilize the platform of media outlets to share insights that will develop business by attracting the attention of potential clients and referral sources.

Development

Merger Defeats Single and Separate Ownership Claim Failure to Refer to County Planning Board Invalidates Grant of Area Variance Denial of Natural Resources Special Permit Upheld Village Ratifies Extension of Lease to Cell Phone Provider

IP News

Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out Federal Circuit Says Alice Not Intervening Change

Bit Parts

Brief Use of Graffiti Art in HBO's Vinyl Show Found De Minimis Chinese Film Company Subject to Personal Jurisdiction in Location Security Company's Colorado Lawsuit

Real Property Law

Interest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention Court Dismisses Tortious Interference Claim By Holder of First Refusal Easement Enforceable Despite City Register's Failure to Index the Easement Against Newly Created Lot

Landlord & Tenant

Liquidated Damages Provision Not an Unenforceable Penalty Occupant Established Succession Right Despite Absence of Sexual or Blood Relationship Rent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name Predecessor Landlord Waived Prohibition on Subleases and Assignments

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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