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Landmines In Bankruptcy Appellate Practice Image

Landmines In Bankruptcy Appellate Practice

Michael L. Cook

Pundits are raving about the current increase in business bankruptcy cases. But they rarely, if ever, mention the spike in bankruptcy appeals. A brief survey of recent decisions shows that appellate courts are, among other things, finding ways to (a) avoid making decisions or to (b) avoid litigation delay and uncertainty by expediting appellate review. Practitioners can avoid surprises by grasping what these courts are actually doing.

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Lack of a Succession Plan Can Lead to the Death of a Law Firm Image

Lack of a Succession Plan Can Lead to the Death of a Law Firm

J. Mark Santiago

Firms with aging managing partners should develop a succession plan for transferring clients and management responsibilities (over a five-to-ten-year transition period) to the firm's younger attorneys.

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What Is Property for Due Process Purposes? Image

What Is Property for Due Process Purposes?

Stewart E. Sterk

Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

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The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly Image

The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly

Christopher P. Bussert

This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.

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How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims Image

How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims

Howard Shire & Sean McConnell

On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.

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How to Build the Law Firm of the Future Image

How to Build the Law Firm of the Future

Joel Wirchin

The onus is on law firm leaders to balance risk and opportunity. How can firms guide through an increasingly perilous landscape rife with opposing hazards to start building the law firm of the future today?

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It's a Tenant's Market: How to Negotiate and Navigate the Leasing Process Image

It's a Tenant's Market: How to Negotiate and Navigate the Leasing Process

Sandra D. Buchko

A hybrid workforce has meant that office and retail space is in plentiful supply. These high vacancy rates have caused landlord defaults to be on the rise, making it a tenant-friendly environment for leasing space and obtaining tenant-favorable lease terms. Here is a step-by-step tutorial on how to negotiate the best lease terms and navigate the leasing process while saving money on rent, tenant buildout and operating expenses.

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Is Consolidation Coming to a Firm Near You? Image

Is Consolidation Coming to a Firm Near You?

Harold Westervelt

Automate Onboarding & Offboarding Processes for Smoother Transitions Questions about the role of AI in the legal market continue to dominate current headlines, but firm consolidation remains a big part of the transformation the industry is undergoing. And yes, technology and automation are playing key parts in this. As firms merge or acquire others to expand their capabilities and client base, a streamlined approach to attorney onboarding and offboarding has become essential.

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Preparing for Proxy Season 2018: A Primer for General Counsel Image

Preparing for Proxy Season 2018: A Primer for General Counsel

Phil Brown

As we enter 2018, public companies across the United States will begin, in earnest, their preparations for this year's proxy season and annual shareholder meetings. It is not an understatement to say that 2017 was a tumultuous year on many fronts — economically, politically and globally. As a result, general counsel should have several issues on their radar that could play a role in 2018's proxy season.

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Influencing the Influencers Image

Influencing the Influencers

Alan Friel & Stephanie Lucas

The importance of promoting brands and products on digital platforms has continued to grow as advertisers are learning how to use social media to reach out to specific populations by harnessing the power and goodwill of the people on these platforms that are popular with and influence particular niche groups of interest. These so-called “influencers” can have thousands, or even millions and tens of millions of followers. But when is the influencer an objective critic, and when is she a paid spokesperson?

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