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Features

Issues in Using Bots to Send Takedown Notices Image

Issues in Using Bots to Send Takedown Notices

Ian Lopez

We asked University of Idaho College of Law Professor Annemarie Bridy, one of the forefront experts in both DMCA and automated notice sending, about out of control bots, DMCA takedowns' potential threat to freedom of speech and more.

Features

Fed. Ct. Dismisses Film Companies' GA Suit over Plane Crash Image

Fed. Ct. Dismisses Film Companies' GA Suit over Plane Crash

Greg Land

A federal judge in Atlanta dismissed a complaint filed by four movie-production companies hoping to dodge liability for a fatal plane crash tied to the filming of the Tom Cruise picture <i>American Made</i>.

Features

Are Allegations of Lack of Medical Necessity in False Claims Act Cases a Basis for Settlement or Trial? Image

Are Allegations of Lack of Medical Necessity in False Claims Act Cases a Basis for Settlement or Trial?

Jacqueline C. Wolff

<b><i>Lessons Learned from Recent Settlements and Decisions</b></i><p>Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government.Although, when announcing its focus, the government listed treatment options are not always clear. What these settlements often have in common is that the underlying complaints allege that the services that were rendered and reimbursed lacked medical necessity.

Features

Rap Video That Named Officers Not Protected Free Speech Image

Rap Video That Named Officers Not Protected Free Speech

Max Mitchell

A rap video posted to Facebook crossed the line from artistic to threatening when its lyrics described violent acts, named two Pittsburgh police officers and suggested the rappers knew where those officers lived, the Pennsylvania Supreme Court said in holding it was not protected by the First Amendment.

Features

Transient Rental Ban Does Not Violate Fair Housing Act Image

Transient Rental Ban Does Not Violate Fair Housing Act

Timothy Hill

In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.

Features

When Can a Landlord's Consent to Assignment be Reasonably Withheld? Image

When Can a Landlord's Consent to Assignment be Reasonably Withheld?

Marisa L. Byram & Wheeler Frost

Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord's consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.

Features

Fair Use, First Sale and Marilyn Monroe Image

Fair Use, First Sale and Marilyn Monroe

Robert W. Clarida & Robert J. Bernstein

Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

Features

Defusing the UST Tax Bomb Image

Defusing the UST Tax Bomb

Jacob H. Marshall

<b><i>How Lenders and Debtors can Minimize UST Fees and Maximize Creditor Recoveries</b></i><p>As predicted in the first part of this article (May, 2018), the new United States Trustee (UST) fee has had a disproportionate effect on middle-market, high-velocity cash flow companies. The best solution is for Congress to revisit the fee structure and refine it to reflect the realities of particular cases and the actual burden on the UST.

Features

Warner Media Implements New Inclusion Policy Image

Warner Media Implements New Inclusion Policy

Kristen Rasmussen

It seems fitting that a new movie that highlights racism and inequity in the American prison system is the first Hollywood production to apply a policy aimed at increasing diversity and inclusion both in front of and behind the camera.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Neighborhood Garden Users May Establish Adverse Possession Claim<br>Purchaser Entitled to Return of Down Payment Upon Revocation of Mortgage Commitment After Expiration of Contingency Period<br>Law Firm Not Liable to Non-Client for Turnover of Escrow Funds<br>Law Firm Not Exempt From Claim Under RPL 265-B<br>Presumption of Due Execution Rebutted<br>Title Insurance Regulation Annulled

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