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Measure of Damages for Breach of a Contract to Purchase Real Property

An in-depth look at <i>White v. Farrell</i>, decided last month, and what it means for breach of a contract.

Are the imperatives of innovation and compliance always mutually exclusive? This article explores these very different but perhaps not always incompatible concerns.

Presto Change-Oops: Unexpected Challenges in Converting a Lease into an Equipment Finance Agreement

As many practitioners have found, taking a client's standard-form equipment lease and creating an equipment finance agreement is more complicated than it appears.

Insurance Coverage for Cyber Attacks

Companies should carefully examine their insurance programs, evaluate what coverage already may be available, and see what may be done to enhance the available coverage. To the extent that there may be gaps in available coverage, companies should consider how those gaps can be filled, including through specialty "cyber" risk policies.

Case Notes

Analysis of two key rulings.

Practice Tip: How to Mediate a Product Liability Case

Mediation is a common feature of product liability practice. If done well, it earns you favor with your clients. But before entering into mediation, preparation is crucial.

I'll See You in the Agency!

This article briefly explores the underpinnings of the primary jurisdiction doctrine, highlights its use in product cases in 2012 and 2013, and considers the role primary jurisdiction may play in future consumer class action litigation and beyond.

Coverage for 'Diminution in Value' in Commercial Property Insurance Policies

Few courts have considered the issue of whether post-repair diminution in value damages are recoverable under a commercial property policy.

Decisions of Interest

In-depth study of two recent cases.

NJ & CT News

What's happening in neighboring states.

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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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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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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