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Be Careful What You Stip For: 'Liggett v. Lewitt Realty LLC'
September 01, 2024
The ruling from New York's highest state court, although straightforward on its face, has important implications for both long-existing settlement agreements and when considering drafting future agreements settling disputes in the context of the Rent Stabilization Law.
U.S. Supreme Court Ruling Empowers Developers and Property Owners to Challenge Excessive or Unjustified Impact Fees
September 01, 2024
The recent U.S. Supreme Court ruling in Sheetz v. County of El Dorado will cause many local governments to revisit the defensibility of their impact fee regimes.
The DOJ's Whistleblower Pilot Program Adds Incentives for Robust Corporate Compliance Programs
September 01, 2024
By incentivizing individuals to report misconduct through its Whistleblower Pilot Program, the DOJ has expanded its arsenal and the means by which it can identify misconduct. So wrongdoers beware — although this is not the Old West, everybody loves a good bounty.
Novel Admissibility Considerations for AI
September 01, 2024
Software is generally admissible as evidence if it is relevant, material, and competent. However, AI differs from traditional software, perhaps requiring novel admissibility considerations.
Avoiding Ad Fraud In Class Notice
September 01, 2024
Digital ad fraud involves deceptive practices where fraudulent actors exploit automated advertising systems to drain ad budgets, skew campaign metrics and diminish campaign effectiveness. As the sophistication of ad fraud techniques increases, it is crucial to partner with trained marketing professionals who are vigilant in managing and protecting their campaigns.
Avoiding Double-Dipping: U.S. Trustee Fees and Creditor Trusts
September 01, 2024
The U.S. Trustee has recently taken the position that GUC Trusts (disbursements made by creditor trusts formed under bankruptcy plans) should be required to pay fees on account of their own disbursements to creditors. The outcomes in three recent bankruptcy cases highlight different approaches to addressing the U.S. Trustee's argument: closing bankruptcy cases early, deferring the issue to a later date, or focusing on the distinction between contingent and non-contingent assets.
When Your Firm Gets Bought Out, Remember That You Are An Asset
September 01, 2024
Career moves are big decisions. They are best not rushed. You are an asset. The acquiring firm made their move because they wanted to bring you and your peers into the organization. Give them a chance to make this worthwhile for everyone concerned.
Development
September 01, 2024
City Took Hard Look At Environmental Factors Without Requiring Environmental Impact Statement On Impact of Climate Change Area Variance Grant Upheld for Construction of Fence Landowner Did Not Establish Pre-Existing Nonconforming Use
A Roadmap for a Curated Career
September 01, 2024
A curated career is not a happy accident or a lucky break — it's the result of deliberate actions and choices that align with one's personal values.
Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In Allergan v. MSN Laboratories
September 01, 2024
On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.

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