Examining the Extraterritoriality of the DTSA
October 01, 2024
Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case in which a claim under the DTSA was asserted.
A Tutorial On Contract Liability for Real Estate Purchasers: 'Huguenot LLC v. Megalith Capital Group Fund I, L.P.'
October 01, 2024
In ultimately rejecting the plaintiff's claim that the apartment buyers could be responsible for the condominium developer's breach of a contract recorded as part of the condominium's declaration, the court illustrated some important points about how contracts can run with the land, or otherwise impose liability on real estate buyers.
Credible Fraudulent Transfer Advocacy
October 01, 2024
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Truth-in-Music-Advertising Law Provides No Private Right of Action to Music Groups
October 01, 2024
As for the Truth-in-Music-Advertising law in this case of first impression, band-name rights holders will have to wait for state counsel to act in order to seek remedies provided by the statute.
Navigating the SEC's Marketing Rule
October 01, 2024
The Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.
Impact of Supreme Court's Ruling On Expert Intent Testimony In 'Diaz v. United States'
October 01, 2024
The Supreme Court held that expert testimony in a criminal case, as to whether "most people" similar to the defendant have a particular mental state, does not run afoul of the Federal Rule of Evidence's prohibition against expert opinion evidence about whether a criminal defendant had or lacked the mental state required for conviction. Particularly in white-collar cases, where the defendant's intent is often the central disputed issue, the implications of Diaz may be far-reaching.
Harnessing AI for Efficiency and Growth: A Balanced Approach
October 01, 2024
While AI presents valuable opportunities, the excitement around it can sometimes overshadow the need for proper data management and interpretation. Here's a balanced look at how AI can be used to drive efficiency and growth within your firm, along with some key considerations.
Can a Licensor Receive Royalty Payments Beyond the Life of Patent Protection?
October 01, 2024
How do you determine if ongoing royalty obligations that extend beyond the life of underlying patent protection, even if agreed to by the contracting parties, are enforceable? A recent decision by the U.S. Court of Appeals for the Third Circuit shows what types of license arrangements pass the test.
Landscape for Legislative Protections Against AI Uses of Voice
October 01, 2024
The adoption of the DMCA-style notice-and-takedown system is promising. But vocal artists will likely need greater protections on the improper or unauthorized use of their voice, and stronger regulations requiring the disclosure of any use of AI in advertising, promotions or other digital or audio content placed on the Internet.
Landlord Can't Waive Illegal Use of Premises By Accepting Rent
October 01, 2024
The court reasoned that the landlord's affidavit, together with the exhibits established prima facie proof that the tenant had been illegally using the premises and had acquiesced thereto.
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