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The primary goal of a lawyer who sends a cease-and-desist letter typically is to warn the recipient to stop engaging in activities the sender claims violate the lawyer's clients' rights or, failing to cease, be served with a lawsuit. If litigation occurs, cease-and-desist letters can play a significant role in the lawsuit proceeding, from whether there is an "actual case or controversy" to whether the court has personal jurisdiction over the parties.
This article examines two recent entertainment-industry cases that illustrate how judges have decided these cease-and-desist letters issues.
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Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.