The Federal Circuit Clarifies Who Can Be an Expert In Patent Cases
November 01, 2024
In September 2024, the Federal Circuit clarified the necessary qualifications for a technical expert to testify in a patent lawsuit, holding that while an expert must possess ordinary skill in the art, they need not have possessed such skill "at the time of the alleged invention."
Artist Challenges Copyright Office Refusal to Register AI-Assisted Work
November 01, 2024
While the Copyright Office has previously cited the "bedrock requirement of copyright" that that a work must have a human author to be eligible for copyright protection to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
Real Property Sale Proceeds Must Be Paid First to Unavoided Portion of IRS Tax Lien
November 01, 2024
Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, we decided to report on a recent decision issued by the Ninth Circuit that reversed a decision of the bankruptcy court allocating the distribution of the proceeds of a sale of real property pro rata between the IRS, on account of its tax lien, and the bankruptcy estate.
Law Firm Real Estate Strategy: Attorney Offices Are Out, Conference Rooms Are In
November 01, 2024
Law firms are navigating a paradigm shift in how they approach office space. With the rise of flexible workplaces, firms are finding that when their attorneys do come into the office, the main goal is to connect and collaborate with peers — and this shift has transformed how law firms address their real estate needs.
Real Property Law
November 01, 2024
Scouting Organization's Adverse Possession Claim Against County Land Fails
Easement Not Subject to Termination Under RPAPL 1951
Doctrine of Emblements Might Sustain Former Tenant's Claim to Crops
Church Property Tax Exempt Because Town Did Not Establish Zoning Violation
Law Firm Real Estate: Attorney Offices Are Out, Conference Rooms Are In
November 01, 2024
Law firms are navigating a paradigm shift in how they approach office space. With the rise of flexible workplaces, firms are finding that when their attorneys do come into the office, the main goal is to connect and collaborate with peers — and this shift has transformed how law firms address their real estate needs.
The Binding Effect of Plea Agreements In White Collar Crimes
November 01, 2024
Federal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.
Ninth Circuit, Texas Supreme Court Weigh in On Live Nation Litigations
November 01, 2024
The U.S. Court of Appeals for the Ninth Circuit called Live Nation Entertainment Inc.'s requirement of new procedures for mass arbitration claims unenforceable and rejected the company's bid to keep a proposed class action lawsuit alleging inflated ticket prices out of court.
Development
November 01, 2024
Landowner Did Not Establish Nonconforming Use Protection
Zoning Board of Appeals Misconstrued Town Code Definition
NYU Has Standing to Challenge Zoning Amendment
