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Enforcement Priorities May Change, But Deciding Whether to Self-Report Is Always a Balancing Act
April 30, 2025
While the enforcement landscape continues to evolve, companies should continue to maintain effective compliance programs and fully remediate any issues that arise.
Patent Strategy Tips from Fed. Circ. 'Kroy v. Groupon' Ruling on Collateral Estoppel
April 30, 2025
The U.S. Court of Appeals for the Federal Circuit recently addressed the usage of the doctrine of collateral estoppel in patent infringement cases. Specifically, the court considered whether a finding of invalidity of claims by the PTAB at an inter partes review could be used to estop a patent holder from asserting patent infringement of different claims of the same patent in district court litigation.
AI, Crypto, and Fraud: Bankruptcy Court Limits Jurisdiction Over Nondebtor Claims
April 30, 2025
The intersection of artificial intelligence and cryptocurrency was involved in a recent decision where the U.S. Bankruptcy Court for the District of Delaware dismissed claims against an alleged participant in a scheme that induced investors to fund over $30 million in an artificial intelligence company designed to generate revenue from enhanced cryptocurrency mining.
Shifting Jurisdiction Prior to Bankruptcy Filing Must Be In Best Interest of Creditors
April 30, 2025
Bankruptcy courts typically scrutinize transactions that attempt to shift the jurisdiction or activities of a debtor, prior to filing for bankruptcy, on the basis that such actions may thwart creditor expectations or accomplish other improper objectives.
Legal Fronts In Operating Sports Prediction Markets
April 30, 2025
The recent boom in prediction markets has threatened to disrupt the multi-billion-dollar sports wagering industry, with prediction market operators claiming the ability to offer their platforms nationwide without the legal obstacles that bog down online gaming and gambling.
Post-Amgen Patent Playbook: Section 112 Under the Microscope
April 30, 2025
The Supreme Court’s unanimous 2023 decision in Amgen v. Sanofi reshaped enablement analysis for broad genus patent claims. In the wake of Amgen, broad functional claims have been scrutinized rigorously for sufficient disclosure. This article summarizes key post-Amgen decisions, which illustrate how patent drafters and litigators must navigate the fine line between claim breadth and disclosure depth in the post-Amgen era.
Drawing the Line: What Constitutes Harboring Under the Alien Harboring Statute?
April 30, 2025
The harboring provision of the Immigration and Nationality Act criminalizes the act of “concealing, harboring, or shielding from detection” any alien who is unlawfully present in the United States. This article examines a few federal cases to illustrate the doctrinal contours of harboring — drawing a clear distinction between active concealment and passive accommodation.
Development
April 30, 2025
Selective Enforcement Claim Against Town DismissedPlanning Board Had Authority to Relieve Owner from Subdivision ProhibitionState Law Did Not Pre-Empt ZBA Authority to Deny Natural Resources Special Permit
Strategies for Buying Distressed Real Estate from a Receiver
April 30, 2025
Buying distressed real estate from a receiver presents unique opportunities and challenges. A court-appointed receiver manages and preserves assets for creditors, investors, or other stakeholders, typically in cases involving financial distress or mismanagement. Because of these circumstances, purchasing real estate from a receiver requires a strategic approach. Below are key considerations for successfully acquiring real estate in a receivership sale.
Nosy, Daring and Unguarded: The Case for a More Conversational Practice of Law
April 30, 2025
When first practicing law, most lawyers think they need to sound like a lawyer. Not just any lawyer, but the kind of lawyer who uses words like "heretofore" and "whereas" in casual conversation. But somewhere between their first set of discovery requests and their hundredth client meeting, good lawyers often reach the same conclusion: no one actually likes talking to a lawyer who sounds like a lawyer.

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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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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