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IP News

Howard Shire & Adam Fischer

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 Image

Third Circuit Affirms Reversal of $275M Break-Up Fee in Del. Bankruptcy Case

Tom McParland

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 Image

In the Courts

Colleen Snow

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 Image

Legal Tech: Early 2018 E-Discovery Case Law Review: Sanctions and the Reasonableness of TAR

Mike Hamilton

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 Image

<i>Decision of Note:</i> Sound Recordings Remasters Don't Get Federal Copyright Protection

Scott Graham

&nbsp;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 Image

Coordination or Duplication? DOJ Adopts New Policy to Prevent 'Piling On' of Corporate Penalties

Jonathan B. New & Victoria L. Stork

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 Image

Luxury Decontrol for Couples Living Apart

Stewart E. Sterk

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 Image

Prince's Estate Files NJ Lawsuit over prince.com

Charles Toutant

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 Image

Hidden 'Time' Bombs in White-Collar Criminal Matters

Robert J. Anello & Justin Roller

<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 Image

State Attorney-Client Privilege Rule Incorporated into Federal Law

Robert J. Stearn, Jr., Cory D. Kandestin & Christopher M. De Lillo

<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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