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'Melendez/Bochner': No Guarantee the Guaranty Law Survives Constitutional Scrutiny
November 25, 2024
After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.
Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement Damages
November 01, 2024
Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
November 01, 2024
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
November 01, 2024
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss
November 01, 2024
At the motion to dismiss stage, courts usually won't consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee.
Preserving Bargained for Contractual Entitlements In a Cure and Reinstate Plan
November 01, 2024
This article focuses on the cure requirement under Section 1124(2)(A), highlights how courts have interpreted the interplay between Section 1124(2)(A) and related Bankruptcy Code provisions, and suggests best practices to ensure that creditors are not leaving money on the table.
Issues in Reverse Morals Clauses In Talent Influencer Contracts With Product Brands
November 01, 2024
The next company general counsel to slide a morality clause across the desk for a celebrity or web influencer to sign shouldn't be surprised if that talent also whips out a morals clause, one to cancel the contract if the company's brand acts immorally.
Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
November 01, 2024
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
Individual Liability of Condominium Sponsor's Principals
November 01, 2024
When are the principals of a condominium sponsor individually liable for harms suffered by purchasers? In Board of Managers of 570 Broome Condominium, the First Department declined to dismiss a condominium board's fraud and breach of fiduciary claims against individual defendants.
Why Brand Awareness Matters
November 01, 2024
Building brand awareness takes time, effort and consistency. You won't see immediate results, and that can be disheartening. But there's a silver lining: every interaction, every engagement, every mention contributes to your brand awareness.

MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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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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