Challenging Disproportionate Forfeitures
May 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>In <i>Honeycutt v. United States</i>, the Supreme Court rejected the argument that a federal criminal forfeiture statute permits joint and several liability for criminal asset forfeiture judgments, thereby protecting defendants who were only marginally culpable for a larger offense.
How Law Firms Can Prepare for FinTech Wave
May 01, 2018
<i><b>The Innovations and Industry Disruption Should Have Law Firms Snapping to Attention</b></i><p>The world of financial services is being upended by new technologies — from virtual currencies and blockchain to peer-to-peer lending and enhanced mobile banking — that are capturing customers, as well as the attention of Wall Street investors and industry regulators.
Co-Writer Files Royalties Suit Against Iglesias
May 01, 2018
The title of Julio Iglesias's hit song “Me Olvide de Vivir” translates to “I Had Forgotten to Live.” But a Miami songwriter's copyright infringement lawsuit suggests the only thing the famed crooner “forgot” was to pay his collaborator.
Real Property Law
May 01, 2018
Broker Agreed to Commission Based on Rent for First Five Years of Lease<br>Statements in Earlier Action Did Not Accelerate Mortgage and Trigger Statute of Limitations<br>Death Does Not Extend Foreclosure Limitations Period<br>Neighbor Granted Statutory Licence to Paint Fence<br>Record Did Not Establish Conveyance of Easement<br>Co-Tenant Entitled to Partition
Supreme Court Eyes Relaxing Rule on Foreign Patent Damages
May 01, 2018
<b><i>Despite Possibility of 'Chaos,' Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest</b></i><p>The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.
You're Going to Need a Bigger Boat
May 01, 2018
<b><i>Small Law Firms Face Large Regulatory Requirements</b></i><p>Unlike large firms with comparable resources with which to protect client non-public information, small firms can find themselves trapped between cyberattacks, like ransomware, that don't prejudice based on the size of firm, and regulators who are indifferent to your size, when investigating a potential violation.
The Growing Risk of Providing Oral Summaries
May 01, 2018
<b><i>Preserving Privilege in the Wake of SEC v. Herrera and the Government's Increasing Leverage to Obtain Such Disclosures</b></i><p>A Magistrate Judge of the U.S. District Court for the Southern District of Florida held that an “oral download” of outside counsel's interview notes to the SEC resulted in a limited waiver of protection under the attorney work-product doctrine over the underlying interview notes and memoranda. The decision is a significant one, and underscores one of the core challenges facing companies seeking to cooperate with the government during the course of its investigations.
Development
May 01, 2018
Town Entitled To Injunctive Relief for Violation of Certificate of Occupancy
