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Real Property Law

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Mechanic's Lien Not Invalid on Its Face Temporary Flooding Not a De Facto Taking

Features

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy Image

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy

Carmen Contreras-Martinez

Because bankruptcy can add significant expenses and increase the time it takes to remove a delinquent tenant, landlords should not allow tenants to fall far behind on rental payments. Here are some tips on how to address the issues raised by a bankrupt tenant.

Features

Bankruptcy Court Denies Motion for Fee Enhancement Under 'Common Fund Doctrine' Image

Bankruptcy Court Denies Motion for Fee Enhancement Under 'Common Fund Doctrine'

Rudolph J. Di Massa, Jr. & Geoffrey A. Heaton

The U.S. Bankruptcy Court for the Western District of Virginia recently denied creditors' counsel's motion for a fee enhancement under the "common fund doctrine," finding it could not award the requested fees absent statutory authority.

Features

U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO Image

U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO

Jonathan Moskin

In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.

Features

The Trademark That Got His Goat Image

The Trademark That Got His Goat

Mary A. Donovan

In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Business Judgment Rule Protects Parking Fee Determination

Features

Examining the Interplay Between Exculpation Clause and Fiduciary Duty Image

Examining the Interplay Between Exculpation Clause and Fiduciary Duty

Lawrence J. Kotler 

In the case of In re Solutions Liquidation, the U.S. Bankruptcy Court for the District of Delaware adjudicated a motion to dismiss filed by the debtors' former managers and officers in connection with the breach of fiduciary duty complaint filed against them by the trustee of the debtors' liquidating trust.

Features

Jury Award in 'Walking Dead' Stuntman Fatality Suit Image

Jury Award in 'Walking Dead' Stuntman Fatality Suit

Greg Land & Katheryn Hayes Tucker

A Gwinnett County, GA, jury awarded $8.6 million to the family of a stuntman killed during the production of a Walking Dead TV-series episode in 2017.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ssalkin

Former Barbados Government Official Convicted on U.S. Money Laundering Charges Following Insurance Company of Barbados FCPA Settlement

Features

High-Street Retail in an Adjustment Phase Image

High-Street Retail in an Adjustment Phase

Kelsi Maree Borland

High-street retail is going through an adjustment period, but for properties that check the right boxes, there are still active buyers. In some cases, even bidding wars.

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