Features
Confession of Judgment Provisions In Commercial Leases
In states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord's toolkit for enforcing its leases and preserving its remedies.
Features
TikTok Dances Around Another Copyright Infringement Suit
The Texas lawsuit alleged that the social video app and parent company ByteDance Ltd. copied software code, and deleted or altered copyright management information in the code, and then used the code in the app that has 175 million downloads.
Columns & Departments
Bit Parts
Don Everly Prevails Over Late Brother Phil's Family Following Trial on Authorship of Everly Brothers' 1960 Hit "Cathy's Clown" Split Decision on Secondary Liability Claims Against Harry Fox Agency in Music Licensing Lawsuit Over Spotify Streaming of Eminem Compositions
Features
When Does Content of a Debtor's Bar Date Notice Satisfy Due Process?
The Third Circuit recently examined whether the content of a debtor's bar date notice satisfied due process, so as to discharge unknown litigation creditors' claims against the company after confirmation of the debtor's Chapter 11 plan of reorganization.
Features
New York Federal District Court Dismisses Investor Lawsuit Over Tencent Music IPO
In December 2018, China-based titan Tencent Music Entertainment launched a U.S. initial public offering (IPO). But the IPO resulted in an investor's class action suit alleging TME violated federal securities laws. This is part of a trend of increasing such securities suits against foreign companies, though the U.S.
Features
Drafting a Fair Force Majeure Provision In the Wake of COVID-19
Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.
Features
Retail Lease Workout Trends Show 'We're All In This Together'
There have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.
Features
Legal Triggers In NFT Crypto Craze
The latest cryptocurrency craze has litigators closely watching from the sidelines. Buyers of digital non-fungible tokens (NFTs) are ready to shell out hundreds of thousands of dollars, sometimes more, but when disputes start to hit the scene, litigators said there is little to no case law as precedent.
Features
Supreme Court on APIs and Fair Use
Google didn't get an answer from the U.S. Supreme Court on whether the Java Application Programming Interfaces (APIs) it copied from Sun Microsystems were copyrightable. But it got just about everything else it could have hoped for in a decision that ended its 11-year copyright clash with Sun's successor, Oracle.
Features
New Normal Will See Shift In How Commercial Real Estate Is Done
By moving away from demand for traditional offices and office space, employers will be able to select from a much broader range of talent and a much greater geographical range of places to find and use these employees.
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