Appellate Courts Skeptical About Bankruptcy Court Sanctions
July 01, 2024
Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.
DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
July 01, 2024
DOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer
July 01, 2024
When is an inventor not an inventor? It's when the inventor isn't human. So, if a non-human inventor can't, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can't create, it can destroy.
Landlord Liable for Retaliating Against Maker of False Discrimination Claim
July 01, 2024
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
Supreme Court's Rejection of Purdue Pharma Settlement Redefines Releases In Chapter 11
July 01, 2024
The U.S. Supreme Court has issued its most anticipated bankruptcy decision in recent memory. In a 5-4 decision entered June 27, the Supreme Court struck down the nonconsensual third-party releases. Writing for the Court, Justice Neil Gorsuch ruled that nothing in the Bankruptcy Code authorized the nonconsensual release or discharge of claims of opioid victims against the Sacklers, who were not debtors themselves.
Leveraging Law Firm KPIs for Success
July 01, 2024
Measurement is an essential management tool for law firms to monitor performance, manage resources, and highlight areas that need improvement. Utilizing Key Performance Indicators (KPIs) in a law firm is crucial for evaluating performance, profitability, client satisfaction, and overall success.
Hope for 'Spotify Model' for Licensing Content for AI
July 01, 2024
A "Spotify model" of licensing, regulation and royalties could be the answer to the recent slew of lawsuits and future litigation relating to generative artificial intelligence defined by rampant misappropriation of name, image and likeness of individuals, including high-profile celebrities.
Development
July 01, 2024
ZBA Adequately Explains Reversal of Condition Imposed on Variance
Mandamus Does Not Lie to Compel Change In Zoning Designation
