Articles

07.12.16

In Case of Negotiation Breakdown, Always Be Trial Ready

Consider this line from FBI Director James Comey: “We have a name for prosecutors who have never lost—the ‘Chickens--t Club.’” When it comes to going to court, the most important skill isn’t success rate, but fearlessness. Regardless of whether there is going to ...


07.11.16

How Fintech Is Co-Opting the Banking Industry's Directors and What to Do About It

Over the last several years, companies which can be broadly grouped under the umbrella of “fintech,” or financial technology, have been making notable additions to their boards of directors by acquiring talent from traditional financial institutions and regulatory agencies. These ...


07.07.16

A New Path to Regulatory Relief for Banks, Fintech Firms

Community banks indeed need regulatory relief. Regulators generally agree, but their hands are tied as a decade-long enforcement environment drags on. Meanwhile, financial technology firms assert they should not be subject to banking-type regulatory supervision as long as they are not banks or ...


07.07.16

Are "Improvements" Key to Subject Matter Eligibility for Software Patents?

Why it matters: Do software claims that are directed to specific improvements in computer functionality have a greater chance of being found to be non-abstract and patent-eligible under Section 101 of the Patent Act? It would seem so, based on recent activity in the Federal Circuit and the U.S. ...


07.06.16

The End of the Budget Dance?

Despite (or maybe because of?) New York City Council Speaker Melissa Mark-Viverito invoking the specter of the “budget dance” during hearings on Mayor Bill de Blasio’s Executive Budget for Fiscal Year 2017, the recent adoption of the city budget was hailed as the end of that ...


07.04.16

What This Year's M&A Activity Tells Us About Media and Entertainment

Content is still king. With Dalian Wanda Group’s $3.5 billion acquisition of Legendary Entertainment in January, this year’s media and entertainment M&A activity kicked off with a bang that hasn’t slowed down.   Comcast’s $3.8 billion acquisition of DreamWorks ...


06.30.16

LA Doubles Down on Sick Leave

Why it matters Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum wage—Los Angeles employers now have an added wrinkle to deal with. Mirroring the state, the L.A. City Council passed a new ordinance ...


06.29.16

Cooper and MCM—Beyond the Constitutionality of Article I Final Adjudication, an Opportunity for the ...

Cooper and MCM have submitted Petitions for Writ of Certiorari to the Supreme Court, asking it to consider the constitutionality of Article I final adjudication of issued patent claims, subject only to Article III appellate review. Importantly, the resolution of this question turns on the ...


06.28.16

Brexit Will Cause Deal Flow Reduction

Britain’s historic vote to exit the European Union is sending shock waves throughout the global economy, and will have economic and political repercussions for years. What are the likely impacts on U.S. real estate?The first thing that is clear is that no one really knows what the effects of ...


06.27.16

Madden Cert Denial — Much Ado About Not Much

In a disappointing move, the Supreme Court on Monday denied the petition by Midland Funding to hear the case Madden v. Midland Funding.But could the decision by the Supreme Court be much ado about nothing?The denial leaves in place the decision of the U.S. Court of Appeals for the 2nd Circuit that ...