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Unseating Inelegant Notions of Product Design Functionality
In Blumenthal Distributing, Inc. v. Herman Miller, Inc., 963 F.3d 859 (9th Cir. June 25, 2020), the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever, the Aeron chair, and another iconic seating design, the Eames Aluminum Group chairs are functional. No doubt the reader has seen the chairs — he or she may even be sitting in one while reading this article. The court clarified, in effect, that such complex designs are indeed more than the sums of their parts and cannot be reduced to constituent elements unless the combination makes the whole more functional.
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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.
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.