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Federal Circuit Analyzes Specification and Prosecution History Claim Language Usage
August 01, 2022
University of Massachusetts v. L'Oréal Absent an express disclaimer or special definition of how a term is to be interpreted, it can be frustrating to get a court to reject the plain and ordinary meaning of claim language read in a vacuum, based on the subtleties of how a term is used in a patent or its prosecution history.
Eminent Domain Law
August 01, 2022
Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use
Real Property Law
August 01, 2022
Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession
Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear
August 01, 2022
The Supreme Court concluded that because the 2017 amendments exempted debtors located in two States, it was not "uniform" as it did not apply equally to all debtors regardless of where they were situated and, therefore, the statute was unconstitutional.
Waiver of Corporate Privilege By An Individual Defendant
August 01, 2022
Individual employees often act pursuant to advice from their in-house counsel. If named as a defendant in which her action is challenged, the employee may want to assert advice of corporate counsel as a defense. But the privilege belongs to the employer, not the employee, and the employer may refuse to waive the privilege. Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances?
Removing Restrictive Covenants In New York
August 01, 2022
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Five Essential Steps for Lawyers to Effective Legal Marketing
August 01, 2022
Learning how to market yourself does not have to be difficult. Here are five simple steps you need to follow.
2d Cir. Rules for Baron Cohen In Dismissal of Judge Moore's Defamation Case
August 01, 2022
Following up on an article in the July issue of Entertainment Law & Finance that detailed some of the arguments made before the U.S. Court of Appeals for the Second Circuit in Roy Moore's defamation suit against Sacha Baron Cohen, the court has issued its ruling.
Congress and the Evolving SECURE Act
August 01, 2022
The SECURE Act aims to encourage Americans to save more for retirement, in part by making that process easier. SECURE 2.0, recently passed by the House of Representatives would continue to tweak the rules for contributing to and withdrawing from retirement savings vehicles. It's on its way to the Senate.
Development
August 01, 2022
Denial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings

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