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Three Things Trustees Should Know About Affirmative Defenses in Preference Litigation
Since 2019, courts have struggled with the interpretation of due diligence requirement to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff’s complaint. While the law is still developing, there are three important takeaways for trustees to consider.
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FL Appeals Court Overturns $82.6 Million Award for Rapper Flo Rida In Endorsement Deal Litigation
It’s back to court for rapper Tramar Dillard, who goes by the stage name Flo Rida, after the Florida Court of Appeals, Fourth District, ruled that a Broward trial court judge erred in his jury instructions when awarding $82.6 million in a breach of contract lawsuit against the makers of Celsius energy drinks in January 2023.
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Avoiding Legal Risks: Crafting a Strong Do Not Call Policy
A strong Do Not Call Policy is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
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Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for TCPA Compliance
Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
Features

Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for Compliance
A strong Do Not Call Policy (DNC) is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.
Features

Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy?
One of the most significant calls on cash in a bankruptcy involves post-petition rent obligations due on leased facilities. Under the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.
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What Qualities Will Distinguish Good from Great Service In 2025?
The qualities that matter most to corporate leaders typically relate to partnership, service, and transparency. Legal teams incorporating these traits more comprehensively into their representation will stand out and create a competitive advantage in 2025, particularly given the heightened preferences for automation and self-service options.
Features

Exploring Generative AI’s Impact on Intellectual Property
This article highlights some of the challenges GenAI presents, and recent developments in copyright law and trademark law in this quickly evolving space.
Features

The 5 Most Influential Patent Law Cases of 2024
We’re counting down to the new year with a recap of the five most influential patent decisions from 2024. Spanning damages, design patents, infringement loopholes, issue preclusion, and prior art disqualification, the U.S. Court of Appeals for the Federal Circuit had an active year issuing cases with a direct impact on innovation. With several of these decisions currently on appeal to the U.S. Supreme Court, 2025 is shaping up to bring even more change.
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Potential Antitrust Risks When Using AI-Driven Pricing Tools
Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but, depending on specifics, can also lead to serious antitrust risks.
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