Columns & Departments
IP News
Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness<br>Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR
Features
Third Circuit Affirms Reversal of $275M Break-Up Fee in Del. Bankruptcy Case
The U.S. Court of Appeals for the Third Circuit on Sept. 13 upheld a Delaware Bankruptcy Court's decision to block a Florida-based energy company from collecting a $275 million merger termination fee against the bankruptcy estates of Energy Future Holdings Corp. and a subsidiary.
Columns & Departments
In the Courts
Second Circuit Issues Ruling Against DOJ in <i>United States v. Hoskins</i> Appeal
Features
Legal Tech: Early 2018 E-Discovery Case Law Review: Sanctions and the Reasonableness of TAR
Cases from early 2018 that stand above many others for the impact they will have on both sanctions and e-discovery review processes moving forward.
Features
<i>Decision of Note:</i> Sound Recordings Remasters Don't Get Federal Copyright Protection
With an assist from Toucan Sam and Tony Bennett, owners of pre-1972 sound recordings no longer have to worry about losing their common law…
Features
Coordination or Duplication? DOJ Adopts New Policy to Prevent 'Piling On' of Corporate Penalties
In May 2018, the Department of Justice (DOJ) announced a new policy to address a growing problem in white-collar criminal and civil enforcement. With increased…
Features
Luxury Decontrol for Couples Living Apart
The Rent Regulation Reform Act provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold. When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold?
Features
Prince's Estate Files NJ Lawsuit over prince.com
A dealer in Internet domain names is accused in a cybersquatting suit of an illegal attempt to seize on the posthumous popularity of Prince.
Features
Hidden 'Time' Bombs in White-Collar Criminal Matters
<b><i>Part One of a Two-Part Article</b></i><p>What was once perceived as a straightforward limitation on the government's significant enforcement powers has become obscured by statutes and court interpretations that tend to elongate the period for the government to act in ways that often are not transparent to even experienced criminal practitioners.
Features
State Attorney-Client Privilege Rule Incorporated into Federal Law
<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware</b></i><p>Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?
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