Shifting Crypto and Cyber Priorities In SEC Enforcement
March 31, 2025
When the SEC issues the next annual enforcement report for fiscal year 2025, we expect securities offering actions and investment adviser actions will almost certainly be up, and the “crypto” and “cyber” cases will almost certainly be down. Public statements by the new SEC administration have said as much, but even more telling than public statements are the allocation of limited enforcement resources.
Constitutionality of Tax Sale Practices Questioned
March 31, 2025
When a village or other taxing authority conducts a tax lien sale, and the purchaser of the tax lien subsequently acquires a tax deed, what rights does the tax-delinquent former owner of the property enjoy?
Landlord & Tenant Law
March 31, 2025
Owners Vicariously Liable for Discrimination By Real Estate AgentResidential Loft Tenant Entitled to Yellowstone InjunctionIndicia of Fraud Justify Examination of Rental History Beyond Base Date
Writing Strong Antibody Claims: Avoiding or Addressing USPTO Rejections for Written Description and Enablement
March 31, 2025
Many patent applicants currently face difficulty in obtaining antibody claims because of written description and enablement rejections under 35 U.S.C. §112(a). The USPTO routinely rejects claims as too broad, arguing that such claims cover more antibodies than the specification discloses, or that undue experimentation would be needed to determine whether an antibody reads on the claims. These heightened disclosure requirements increase laboratory costs to generate sufficient data for a §112(a)-proof specification.
District Court Affirms Bankruptcy Court Conversion of Subchapter V Case to Chapter 7
March 31, 2025
The U.S. District Court for the Southern District of New York affirmed a decision by the U.S. Bankruptcy Court for the Southern District of New York converting a debtor’s Subchapter V case to a Chapter 7 case. In particular, the district court found that the bankruptcy court’s decision to convert was not an abuse of discretion, especially in light of the serious conflicts of interest that existed between the debtor and the potential target of significant fraudulent transfer claims held by the debtor’s estate.
CA Supreme Court Upholds Co-Tenancy Clause
March 31, 2025
The Supreme Court of California determined that the landlord held the requisite control under the associated lease agreement with the co-tenant because that co-tenant was located on property owned by that landlord. The court made a clear distinction between that scenario and the situation where a co-tenant is located on property owned by an unrelated third party.
How Prepared Are You for Trump 2.0’s Worksite Enforcement Regime?
March 31, 2025
As the first months of the new administration have demonstrated, President Trump fully intends to deliver on the campaign promise to “restart workplace enforcement.” Employers should prepare now to confirm their employees are authorized to work and have robust compliance policies and procedures in place should ICE come knocking.
Strategies for Negotiating AI Vendor Contracts
March 31, 2025
As artificial intelligence continues making inroads into the entertainment industry, AI vendor contracts are introducing new legal complexities that go beyond traditional “Software as a Service” (SaaS) agreements, often shifting significant risk onto customers.
The Rise and Rise of Hospitality In Law Firms
March 31, 2025
The demand for client-facing hospitality experiences has intensified. Law firms are incorporating more client-centric services, such as personalized spaces for client meetings, high-end catering, and concierge-style offerings during in-person visits.
How UK Is Grappling With Copyright Issues In AI
March 31, 2025
How the United Kingdom is addressing the key copyright infringement issues as they relate to generative AI models and output, and highlights the “fair dealing” and statutory provisions unique to the country.
