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Second Circuit Expands DOJ Power In Anti-Kickback Statute
March 01, 2025
In recent years, the DOJ has wielded the Anti-Kickback Statute (AKS) to exact steep penalties from corporate actors and individuals alike for the improper exchange of something of value to generate healthcare business funded by a federal program. When coupled with the False Claims Act, the AKS turns into a potent civil enforcement tool that carries many of the same draconian penalties as criminal enforcement, achieved via a less demanding path.
AI-Training Ruling Finds No Fair Use
March 01, 2025
A recent AI copyright ruling out of federal court could have a sprawling impact on how companies, both big and small, use the technology responsibly.
AI for Legal Professionals
March 01, 2025
Mastering AI tools is vital for law firms striving to remain competitive. The increasing demand for prompt and effective services means firms that do not adapt may fall behind.
Is Google Search Dead? How AI Is Reshaping SEO and Search
March 01, 2025
AI-driven assistants like ChatGPT and Gemini have completely shifted how people find information. Instead of relying on traditional search results, users are turning to conversational models that deliver direct answers, and mostly good ones, in seconds. This is a massive wake-up call for firms that rely solely on SEO strategies.
Real Property Law
March 01, 2025
Co-Tenant’s Adverse Possession Claim Raises Issues of Fact About HostilityBona Fide Purchaser of Property Sold At Foreclosure Is Protected Against Claims That the Foreclosure Sale Was ErroneousTown Not Strictly Liable for Emitting Pollutants Into Lake
Treasury Dept. Issues Final Regulations on Related-Party Partnership Basis Shifting
March 01, 2025
On Jan. 14, 2025, the Treasury Department issued final regulations designating certain related-party partnership basis shifting transactions as “transactions of interest.” Although this designation does not affect the substantive tax characterization of these transactions, it imposes significant reporting requirements on taxpayers and their advisors.
REITS Remain Optimistic In Face of DOGE Cuts
March 01, 2025
Publicly traded REITs remain optimistic in the face of potential widespread cuts to federal leasing at the hands of the Department of Government Efficiency because they serve agencies performing the work the Trump administration is prioritizing, including mission-critical agencies.
Enforceability of Governance Provisions Restricting Access to Seek Bankruptcy Relief
March 01, 2025
For more than six years there has been an ongoing debate regarding the enforceability of governance restrictions, whether blocking rights, golden shares and other provisions designed to manage access to bankruptcy relief. This year, another governance restriction was upheld in dismissing a bankruptcy filing by a debtor that failed to obtain the consent of the lender-approved independent manager as required by its LLC agreement.
Trademark Ruling on Netflix Running Point Series Holds Off ‘Death Knell’ of Rogers Tradition
March 01, 2025
A federal judge in California declined to stop the debut of the new Netflix series Running Point that Pepperdine University in Malibu, CA, claims infringes on its trademarks by using the mascot name, the “Waves,” and colors of the private Christian college.
Internet Archive’s Decision Not to Appeal Second Circuit’s Fair Use Ruling Could Lead to More Litigation As Issue Remains Unsettled
March 01, 2025
The Second Circuit’s decision may have significant downstream implications for other digital lending services, making it more difficult to operate absent licensing agreements with copyright holders of the various works they seek to distribute. With Internet Archive deciding against petitioning the Supreme Court, we may well see similar litigation pop up in other jurisdictions outside the Second Circuit until the issue is more widely settled.

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