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Lender's Choice In Naming Defendants Is Under Assault
Can a foreclosing plaintiff choose whom to name as a party defendant in a foreclosure action? In New York, in the absence of prejudice to the defaulting property owner, the answer is yes. Although a recent holding of New York's Appellate Division, Second Department, tacitly suggests “no,” the case may not have addressed the actual controlling principles.
Bankruptcy Court Authorizes Rejection of Employment Separation Agreements
The Bankruptcy Code can be an effective tool for reducing liabilities and enhancing asset value for the benefit of creditors. One of the more important…
Landlord & Tenant
Renewal Option<br>Illusory Tenancy Claim
The Sixth Circuit Creates a New Standard for Unmasking an Anonymous Copyright Infringer Post-Judgment
On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in <i>Signature Mgmt. Team, LLC v. Doe</i>. The case involved a John Doe defendant's effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff's business training manual.
Bit Parts
Eleventh Circuit Affirms Permanent Injunction Against Former Commodores' Member over Use of Group's Name<br>Federal Court Ruling in Trademark Battle over “Row”<br>Political Uses of Photos of Artists Ruled Transformative Fair Uses of Copyrights
Real Property Law
Failure to Disclose Gas Tanks Does Not Constitute Contract Breach<br>Divestiture Agreement<br>Unrecorded Mortgage<br>CEMA Suffices
Bankruptcy in a House of Worship
<b><i>A Public Relations Case Study</b></i><p>It's a story as old as time: A matter of the heart becomes a matter of revenge, power, and money for a scorned lover. Regardless of the reason, when an organization is pushed into bankruptcy, it requires an attention to detail, creativity, and compassion for how scary the term “bankruptcy” is for most people.
IP News
Judges Newman and Reyna Argue that Litigation Misconduct does not Demonstrate Intent to Deceive the PTO<br>Federal Circuit Affirms Board's Decisions in IPRs Finding a Video Conferencing Patent Not Anticipated or Obvious<br>Federal Circuit Affirms No Intent to Deceive for Inequitable Conduct Claim Where Inventors Should Have Documented Findings to the USPTO
Business Crimes Hotline
Keppel Settles Bribery Charges in the U.S., Singapore, and Brazil
Case Notes
Trial Required to Disprove Malice<br>Court Upholds Conditions Imposed on Zoning Variance<br>Lease Identified<br>Notice of Termination Not Defective for Being Sent By Attorney<br>Hearing Required to Determine Whether Lease Denied for Unconstitutional Reasons

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