Features
Allison Dunn
The Massachusetts Appeals Court recently reversed a judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty. The opinion "brings uncertainty to thousands of existing commercial lease agreements."
Columns & Departments
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
Francis J. Lawall
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Marcy J. McLaughlin Smith
Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930.
Features
Chris Sloan
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Justin Daniels
The FTX bankruptcy caps a very difficult 2022 for the entire blockchain industry, spanning exchanges to decentralized finance to non-fungible tokens (NFTs). Blockchain and crypto skeptics are shouting "I told you so," while investors watch billions of investment dollars evaporate under the harsh light of the bankruptcies of Celsius, Compute North and now FTX.
Features
Mark Cianci, Charles Humphreville, Kelley Chandler
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Ty Owen
Recent actions by the U.S. Securities and Exchange Commission (SEC), together with certain statements by SEC commissioners, may indicate a shift in approach toward a rebuttable presumption that digital assets are securities, without deference to formal legal tests.
Features
By Dan Ovanezian, Blake L. Holt, Azie Aziz
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John Whetzel
Although your company may have an in-house IP attorney, your company may still need temporary help from an outside law firm to develop your company's patent portfolio and to solve your company's need for temporary help with minimal need for training and financial investment. If you do not have the budget to hire an in-house IP attorney, the solution is to try a secondment — an attorney from an outside law firm temporarily joins your in-house legal team as a "secondee" on a part-time or full-time basis.
Features
Cassandre Coyer
Threats of cyberattacks have not only made legal professionals more wary — especially as legal teams in firms and in-house are increasingly the target of cyber hackers — but it has also changed their relationship with vendors.
Features
Joshua Libling
It is not accidental that funding the creation or growth of law firms and practice groups has tended to follow a traditional path. Rather, this circumstance is a combination of traditional legal temperament and structural barriers to innovation. Recently, there have been changes to both.
Columns & Departments
Jeff Ginsberg
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Ryan J. Sheehan
Federal Circuit: Unpatentability Ruling In First IPR Estops Patentee In Second IPR of Related Patent
Federal Circuit: A Disclaimer Made In a Pending IPR Is Not Binding In That Proceeding, But Is Binding In a Subsequent One
Features
Adam Leitman Bailey
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John M. Desiderio
In the past two years, in litigations between commercial landlords and commercial tenants, appellate courts continued to issue decisions on topics, unrelated to COVID questions, that should interest all real estate attorneys and their clients.
