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Use of Arbitration In Place of Inter Partes Review Proceedings Image

Use of Arbitration In Place of Inter Partes Review Proceedings

David L. Newman

An IPR might be more efficiently accomplished through arbitration than through a PTAB proceeding, so it should be considered by practitioners.

Columns & Departments

In the Courts Image

In the Courts

Colleen Snow

Sentencing for Two Bankers in Zürcher Kantonalbank of Switzerland Case

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass<br>Resulting Trust Found Where Commercial Property Held in Just One Partner's Name

Features

Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments Image

Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments

Michael L. Cook

The Eighth Circuit affirmed the lower courts' dismissal of a bankruptcy trustee's $250 million fraudulent transfer suit against two banks (the Banks), rejecting the so called “Ponzi scheme presumption” that “allows a creditor to by-pass the proof requirements of a fraudulent-transfer claim by showing that the debtor operated a Ponzi scheme and transferred assets 'in furtherance of the scheme.'”

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Complaints to Amazon by TV Show Host and His Attorney Didn't Constitute DMCA Notices<br>No Actual Malice by Defendants in Libel Suit over Composite Character in Film

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Hui Li

Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension <br>Federal Circuit Holds Assignor Estoppel Does Not Apply in IPR Context<br>Federal Circuit Reverses District Court Holding of Patent Ineligibility of Computer Security Patent

Features

Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions Image

Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions

Mike Hamilton

Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law

Features

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees Image

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees

Steven M. Silverberg & Katherine Zalantis

In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim<br>Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School<br>Mortgagor's Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage<br>Failure to Construct Facility Triggers Reverter Provision in Deed<br>Questions of Fact About Whether Buyers Had Made Time of the Essence<br>No Equitable Mortgage When Statute of Limitations Bars Written Mortgage<br>Cotenant Entitled to Partition with Accounting

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ssalkin

Video Surveillance an Adequate Substitute for Lobby Attendants<br>Yellowstone Injunction Unavailable When Tenant Could Not Establish Willingness to Cure<br>Landlord Prevails In Nonprimary Residence Proceeding

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