Defending FCA Actions Related to Pandemic Programs
June 01, 2020
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.
Corporate Criminal Liability in the COVID-19 Era
June 01, 2020
Compliance Programs Offer Companies an Opportunity to Mitigate Risk
This article outlines the principles of corporate criminal liability, including the factors prosecutors consider when making charging decisions, and the potentially available sanctions in light of applicable U.S. Sentencing Guidelines, and offers strategies for minimizing risk, including lessons from recent criminal enforcement actions.
Non-Monetary Defaults in Commercial Leases: A Difficult Eviction
June 01, 2020
"I want them out!" When a tenant stops paying rent, landlords usually have this reaction. But what about those tenants faithfully paying rent while breaching other provisions of the lease? This article examines the eviction of a commercial tenant for non-monetary defaults.
Putting the "Social" Back into Social Media: Helping Attorneys Connect with Others
June 01, 2020
Most attorneys are expecting social media to be a panacea to bring in new clients during this incredibly unusual time in our history. As marketing and business development professionals and coaches, we know we have to teach our attorneys that, like any other marketing and business development tactic, there is no magic bullet. But that by using social media, it will help them create attention and assist in building relationships.
Artificial Intelligence and Copyright: Ownership and Fair Use
June 01, 2020
Machine learning allows certain AI to create entirely new content based upon the materials it used to learn. In the process of creating new content, AI may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.
Real Property Law
June 01, 2020
Conditional Payments Do Not Restart Statute Of Limitations On Foreclosure Action
Questions of Fact About Purchasers' Good Faith In Making Mortgage Applications
Questions of Fact Remain on Implied Easement Claims
Presumption of Hostility Supports Adverse Possession Claim
Questions of Fact Remain About County's Liability for Fuel Oil Discharge