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Sixth Circuit: Section 363 Sale Not 'Free and Clear' of Creditor's Claims
September 01, 2021
Buyers generally assume that the multi-page "free and clear" order, which typically follows the sale hearing, will insulate them from any of the seller's current (and often) future liabilities. However, that is not always the case.
Upcoming Event
September 01, 2021
Black Widow, Box Office and Breach of Contract: Profit Participation In COVID
Tightening Antitrust Enforcement Could Be Boon for E-Discovery
September 01, 2021
U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors in the M&A market are expecting an uptick in work. But the influx of complex discovery may drain resources for other corporate e-discovery matters.
The Queen's Gambit: Vetting Costs and Other Factors In Hiring a Tech Vendor
September 01, 2021
There are numerous "gameplays" to reduce risks when selecting and hiring a technology vendor. With each mitigating factor you incorporate into your contracting playbook, prepare to incur additional costs.
IP News
September 01, 2021
Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgment of Invalidity under 35 U.S.C. §101 Federal Circuit Holds that Pendency of Motions Unrelated to Interlocutory Judgment Does Not Toll 30-Day Limit to File Notice of Appeal
The Not-Doing List: Focusing Your Strategic Marketing Plan
September 01, 2021
Effective marketing and business development is all about getting your at-bats. A desire for a perfect solution oftentimes impedes our ability to participate in efforts that are good enough.
Government Secret Recording of Interviews Rarely In Best Interests of Witness
September 01, 2021
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
Development
September 01, 2021
Zoning Amendment Did Not Lapse
Force Majeure Clauses In Construction Contracts In the Aftermath of COVID-19
September 01, 2021
We are only beginning to scratch the surface of the effect on the construction litigation visited on us by COVID-19-related impacts. However, the pandemic and its continuing impact has reinforced the importance of planning for the unexpected — and undefined — when negotiating construction contracts.
How NY Courts Find Copyright Preemption of State Law Claims
August 01, 2021
Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.

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