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Real Estate Downturn Causes Lawyers to Adapt Image

Real Estate Downturn Causes Lawyers to Adapt

David P. Barker

Now faced with such a dramatic and sudden change, real estate attorneys are left wondering what to do. The transactional practice that was so good to so many for so long is no longer there. A look at how these attorneys can redirect the focus of their practices to adapt to the changing times.

Features

Counseling Franchises During the Recession Image

Counseling Franchises During the Recession

Erik Wulff

These are extremely trying times for all businesses, including franchisors, seeking to survive through this recession. It is imperative that franchisors demonstrate leadership in preserving their franchise systems, but fault lines undoubtedly will emerge. In this environment, much pressure will fall on the shoulders of franchisor's counsel to guide clients to achieve their goals.

Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i> Image

Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i>

Bruce W. Marcus

Every election campaign produces, among other things, media myths and bad language. During the elections of the last decade, the language was infected by a new myth called spin control. The phrase, which broke a speed record in becoming a clich' after the 1988 election, implies that a good media relations practitioner can control the nature and texture of a story in the press ' can put the right spin on it to get the journalist to tell it the spinner's way.

Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i> Image

Spinning Out of Control<i>When Bad Things Happen to Good Marketers</i>

Bruce W. Marcus

Every election campaign produces, among other things, media myths and bad language. During the elections of the last decade, the language was infected by a new myth called spin control. The phrase, which broke a speed record in becoming a clich' after the 1988 election, implies that a good media relations practitioner can control the nature and texture of a story in the press ' can put the right spin on it to get the journalist to tell it the spinner's way.

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense Image

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense

Tony Mauro

The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

Features

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense Image

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense

Tony Mauro

The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

Features

The Follow-the-Fortunes Doctrine Image

The Follow-the-Fortunes Doctrine

John M. Nonna & Victoria L. Melcher

This article explores the boundaries of the follow-the-fortunes doctrine. Does it have any limits? Does a cedent have carte blanche to impose its claims decisions and allocations of claims settlements upon a reinsurer without question? Do the answers to the questions depend upon whether the dispute is before a court or an arbitration panel?

Features

The Insurer's Duty and the Four Corners Rule Image

The Insurer's Duty and the Four Corners Rule

Lewis E. Hassett & Jason T. Cummings

An insurer has a duty to defend a claim that is arguably within the policy's coverage. While some courts look solely to the complaint to determine the existence of a duty to defend, other courts consider extrinsic facts. This article discusses the parameters of the duty to defend, and identifies the evidence to be considered in analyzing that duty.

Features

State of California v. Continental Insurance Company Image

State of California v. Continental Insurance Company

Kim V. Marrkand & Wynter N. Lavier

In a blow for insurers and contrary to the weight of authority in multiple other juridictions, the California Court of Appeals for the Fourth District recently reversed the trial court on its so-called "no stacking rule" and affirmed the trial court in its "all sums" liability allocation.

Features

Who Needs Patents? Image

Who Needs Patents?

Alexander Poltorak

The Patent Reform Act of 2007 may soon be recycled as The Patent Reform Act of 2009 and reintroduced in the new Congress. Should this reform become the law, it is likely that inventors will still invent. The author's fear, however, is that without strong patent law, investors will no longer want to invest in unprotected ideas.

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