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Counsel Concerns: Plaintiffs' Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage Image

Counsel Concerns: Plaintiffs' Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage

Robert Storace

More than 50 wrestlers sued World Wrestling Entertainment, claiming it knew — but never disclosed — the risk associated with the sport. But it was Massachusetts plaintiff counsel Konstantine Kyros and his firm who judges singled out for plagiarism, false claims and other misbehavior in the case.

Features

Ninth Circuit Upholds Most FCC Restrictions on Local Government Review of Wireless Installations Image

Ninth Circuit Upholds Most FCC Restrictions on Local Government Review of Wireless Installations

Steven M. Silverberg & Katherine Zalantis

The Ninth Circuit Court of Appeals' recent decision in City of Portland v. Unites States significantly affects the ability of local governments to regulate the installation of so called "small cell" wireless facilities and addresses the ability of wireless providers to utilize utility poles.

Features

COVID Shutdown Orders v. Statutory Rent Obligations Image

COVID Shutdown Orders v. Statutory Rent Obligations

Brett S. Theisen & Mark B. Conlan 

Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach.

Features

Global Perspective On Filing Trademark Registrations Image

Global Perspective On Filing Trademark Registrations

Peter E. Nussbaum & Neha Bhalani

The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border.

Features

Deciphering the USPTO's Material Alteration Standard for Amending Marks Image

Deciphering the USPTO's Material Alteration Standard for Amending Marks

Chris Bussert

As brands mature over time, their owners often seek to update marks that are subject to a federal registration or registration application. In some cases, the impetus for the amendment may be deliberately to freshen, tweak, or otherwise modernize the subject mark. In other cases, brand owners may recognize after the fact that their current usage of a mark does not match the mark as originally registered or applied for.

Features

Testing for Genericness After USPTO v. Booking.com Image

Testing for Genericness After USPTO v. Booking.com

Alex Simonson

In the recent U.S. Supreme Court case of USPTO v. Booking.com, the U.S. Supreme Court held that the term Booking.com is not necessarily generic merely because it is composed of two components, each itself generic. In so deciding, Justice Ginsburg averred that there is an appropriate metric to determine if such a term is indeed generic, that of consumer perception.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Neighbors Who Used Concrete Platform Adjacent to Fence Established Title By Adverse Possession Lawyer Who Failed to Terminate Contract in Accordance With Seller's Instructions Did Not Commit Legal Malpractice Developer Strictly Liable for Damages Caused By Excavation Contract Vendee Who Did Not Seek Mortgage In Its Own Name Failed to Comply with Mortgage Contingency Clause

Features

Methods for Trademark Valuations Image

Methods for Trademark Valuations

Stacey C. Kalamaras & Henry Kaskov

Valuations of trademarks, such as those in the entertainment industry, are most commonly performed in relation to a sale or licensing transaction or for lending and collateral purposes.

Features

What's In Store for Bankruptcy Reform In a Biden Presidency Image

What's In Store for Bankruptcy Reform In a Biden Presidency

Mette H. Kurth & Dan Mette

Senator Elizabeth Warren has been relentlessly pursuing bankruptcy reform for two decades. And Joe Biden has adopted her comprehensive proposal. The proposals could impact commercial bankruptcy law and reverberate across our financial systems.

Features

Unforeseen Consequences for Bankruptcy Practice In CARES Act Image

Unforeseen Consequences for Bankruptcy Practice In CARES Act

Sourav Chaudhuri & Gregory Plotko

This article highlights several of these outcomes and discrepancies of the CARES Act stimulus package, including how accepting crisis funding could lead to a company becoming more distressed, how bankruptcy courts are inconsistently ruling on the ability for Chapter 11 debtors to receive PPP loans and how changes to the Bankruptcy Code altered the rights of equity holders and debtholders.

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