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Analysis of Recent Real Estate Sector Bankruptcy Rulings
March 01, 2024
Analysis on distressed real estate cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case.
IP News
March 01, 2024
Federal Circuit: ITC Did Not Err In Finding Violation of Section 337 Federal Circuit: PTAB Did Not Err In Claim Construction and Finding Certain Claims Obvious
Cost Segregation: Don't Overlook This Valuable Real Estate Tax Strategy
March 01, 2024
Whether acquiring, constructing, or remodeling a real estate property, cost segregation remains one of the most powerful strategies to simultaneously optimize cash flow and taxes.
Is Big Law Ending Its Roller Coaster Ride of Volatility?
March 01, 2024
It's still early in 2024, but law firms may finally be disembarking from a nearly four-year "roller coaster" of volatility, and returning to something that more closely resembles the pre-pandemic era.
ESG-Related Risks On the Rise
March 01, 2024
Nearly one-quarter of in-house attorneys surveyed by Norton Rose Fulbright say their companies' ESG-related risk exposure increased in 2023, and 27% expect it to get worse in 2024.
Real Property Law
March 01, 2024
No Adverse Possession Because Possessor Had No Reasonable Basis for Belief Quiet Title Claim Dismissed When Claimant's Deed Was the Product of Scrivener's Error Action to Remove Cloud On Title Not Barred By Statute of Limitations Obstruction of View Not a Nuisance Unrecorded Easement Binding On Servient Owner With Actual Notice Nominal Damages Available for De Minimis Encroachment
Bit Parts
March 01, 2024
Justin Timberlake Appeals After His Anti-SLAPP Motion Fails to Stick In Documentary Deal Litigation Texas Federal Magistrate Finds California Unfair Competition Claim Should Be Ejected from Litigation Between Talent Agencies and That Dispute Should First Be Heard by California Labor Commissioner TV/Film Development Software Can Be Trade Secret
All the News That's Fit to Pinch: 'NYT v. OpenAI'
February 01, 2024
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
To Benefit from Cyber Insurance Coverage in France, Don't Forget to File a Complaint
February 01, 2024
Since April 2023, French regulation makes the payment of insurance compensation in case of cyberattacks conditional on the filing of a complaint within a reduced time frame. This regulation has been enacted in the context of the French government decision to fight against the resurgence of cyberattacks, together with ransom demands, which have a significant impact on the economy.
Protecting Technology-Assisted Works and Inventions: Where Does Smart Technology End and AI Begin?
February 01, 2024
At what point does a "smart" computing system, or advanced software program, qualify as AI in the eyes of pertinent regulatory or judicial authorities? When is an individual considered to have merely deployed an AI-based computing tool to assist with creating a work of art or conceiving of a technological innovation? Each of these questions is explored in this article, giving consideration to currently prevailing guidelines from administrative bodies and the courts.

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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