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Bit Parts
May 01, 2018
Rule 12(b)(6) Motion Denied in Infringement Dispute over Anastasia Musical, Due to “Lengthy Historical Record” Involving Central Character<br>
In the Courts
May 01, 2018
Tenth Circuit Lowers Investment Advisor's Disgorgement from $35 to $5 Million
Landlord & Tenant
May 01, 2018
Guarantor May Not Interpose Wrongful Eviction Defense<br>Landlord Bound by Renewal Lease Signed After Judgment of Possession<br>Notice of Nonrewnal Sufficient to Withstand Jurisdictional Challenge<br>Incarcerated Son Not Entitled to Succession Rights<br>Occupant Did Not Establish Succession Rights<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal Right
Brexit and IP: Finally Some Real News, and What It Means for Attorneys
May 01, 2018
Much has been written about what will happen to EU-wide IP rights after Brexit — and whether, and how, the protection given by those rights will be maintained in the UK. Finally, we have some clarity about what is going to happen.
Cooperatives and Condominiums
May 01, 2018
Triable Issue of Fact About Association Liability for Flooding<br>Unit Owner's Representations Cannot Be Used to Contradict Express Terms of Proprietary Lease
Focusing on Client Retention May Mean Restructuring the Firm
May 01, 2018
<b><i>Law Firms Should Double Down on Their Existing Clients By Focusing on Client Satisfaction and Retention Rates Rather Than Billable Hours and Origination Credits</b></i><p>New client acquisition can cost 15 times more than retaining an existing client, and yet most lawyers spend their limited and valuable time chasing new clients.
IP News
May 01, 2018
Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication<br>Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery Violation
SCOTUS Recap: What Lies Ahead for the Lower Courts' Tests for “Non-Statutory Insiders”
May 01, 2018
Ultimately, <i>Village at Lakeridge</i> is noteworthy for what the Supreme Court did not decide. In granting <i>certiorari</i>, the Supreme Court declined to address whether the lower courts' various “non-statutory insider” tests should be refined. As concurrences from Justices Sotomayor and Kennedy emphasized, though, that issue is ripe for increased scrutiny.
Business Crimes Hotline
May 01, 2018
Singapore Passes Deferred Prosecution Legislation
Goodbye 'Yellowstone' Road
May 01, 2018
<b><i>Is This The End of the 'Yellowstone' Doctrine?</b></i><p>Recently, New York's Appellate Division, Second Department, acknowledged that commercial landlords may employ a strategy that prevents tenants from exercising Yellowstone rights, which enjoin the landlord from terminating the lease or commencing a summary proceeding.

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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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