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Features

Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases Image

Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases

Sarah Benowich

Romag Fasteners, Inc. v. Fossil, Inc. The Supreme Court, settling a circuit split, held that, although highly important, willfulness is not a prerequisite for a trademark infringement plaintiff to obtain a profits award.

Features

Soccer Federation Litigators Discuss Recent Ruling in Equal Pay Case Image

Soccer Federation Litigators Discuss Recent Ruling in Equal Pay Case

Jenna Greene

Latham & Watkins partners Michele Johnson and Jamie Wine turned the tide for the U.S. Soccer Federation in a high-profile — and highly sensitive — wage discrimination lawsuit by the U.S. Senior Women's National Team. In this Q&A, Johnson and Wine discuss their perspective on the case

Features

Landlord's Action Does Not Give Rise to Deceptive Practice Liability Image

Landlord's Action Does Not Give Rise to Deceptive Practice Liability

Stewart E. Sterk

Jeffrey Turkel's lead article in last month's issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of…

Features

Creative Strategies for Landlords and Tenants to Survive the COVID-19 Shutdown Image

Creative Strategies for Landlords and Tenants to Survive the COVID-19 Shutdown

Dana Delman & John Vukmanovic

When COVID-19-related restrictions imposed by state and local governments are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy. Modifications should be used to cut risk and losses. If at all possible, landlords and tenants should cooperate now to avoid that outcome.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Condominium Lien Enjoys Priority Over Mortgage Business Judgment Rule Precludes Challenge to Cancellation of Shares

Features

The Shutdown of the Restaurant Industry: The Widespread Impact Image

The Shutdown of the Restaurant Industry: The Widespread Impact

Gerald D. Davis & Amy L. Drushal

Restaurants are already fragile businesses, not known for lucrative revenue, but instead known for surviving on tight margins. When the industry reopens to the "new normal," what will the restaurant industry look like?

Features

U.S. Supreme Court Rejects 'Defense Preclusion' in Trademark Suit Image

U.S. Supreme Court Rejects 'Defense Preclusion' in Trademark Suit

Anthony J. Dreyer

On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand was not precluded from asserting its defenses in its long-standing trademark litigation against Marcel Fashions Group

Features

Defending FCA Actions Related to Pandemic Programs Image

Defending FCA Actions Related to Pandemic Programs

Steve Sozio, Rebecca Martin, Rajeev Muttreja & Mark Rotatori

With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs' lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.

Features

Advertising Section 363 Sales in the Digital Age Image

Advertising Section 363 Sales in the Digital Age

Mark S. Melickian & David M. Madden

this article provides an overview of the legal landscape governing §363 sales and the types of Internet-based resources available to potential asset sellers.

Features

9th Circuit Says Copyright Attorney Fees Available in Declaratory Suits Image

9th Circuit Says Copyright Attorney Fees Available in Declaratory Suits

Scott Graham

A declaratory judgment action for copyright abandonment can give rise to fee shifting under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit ruled in a case of first impression.

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