Landlord & Tenant
March 01, 2019
Prior Judgment Does Not Bar Breach Claim<br>Accommodation of Disabilities
25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies
March 01, 2019
On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court's unanimous 9-0 ruling in Campbell v. Acuff-Rose Inc., has been cited in more than 500 court decisions. But the Supreme Court's pronouncement left questions and controversies in its wake.
FCA and Statute of Limitations: A Puzzle for the Supreme Court
March 01, 2019
The FCA is not a model of clarity. In a certiorari petition in United States ex rel. Hunt v. Cochise Consultancy, the U.S. Supreme Court will address an area of uncertainty that has led to a three-way circuit split regarding the FCA's statute of limitations. Depending on the outcome, FCA defendants could end up facing even more claims up to a decade old or, alternatively, have a new limitation on FCA actions upon which to rely.
Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files
March 01, 2019
The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling in <i>Capitol Records LLC v. ReDigi Inc.</i>, affirming summary judgment in favor of Capitol Records and its record label co-plaintiffs in a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.
'Sophisticated' Losers
March 01, 2019
Why Commercial Fraud Claims Sometimes Fail, and the Importance of Due Diligence
If a court decision called you "sophisticated," it was probably not intended as a compliment, but instead signaled the death knell of your fraud claim.
Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments
March 01, 2019
In <i>Stoebner v. Opportunity Finance, LLC</i>, the U.S. Court of Appeals for the Eighth Circuit held that “… Ponzi scheme payments to satisfy legitimate antecedent debts to defendant banks could not be avoided” by a bankruptcy trustee “absent transaction-specific proof of actual intent to defraud or the statutory elements of constructive fraud — transfer by an insolvent debtor who did not receive reasonably equivalent value in exchange.”
Counsel Concerns: Lawyers Battle Over Gears of War Client
March 01, 2019
A Philadelphia lawyer is suing the founder of a fast-growing litigation boutique over a purported fee-sharing settlement, is arguing that the boutique backed out of the settlement so it could fund other cases against video game makers.