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Is Trademark Protection Going to the Dogs?
January 01, 2023
The Ninth Circuit held in VIP Prods. LLC v. Jack Daniel's Properties that VIP's "Bad Spaniels" dog toy mimicking the appearance of a Jack Daniels whisky bottle was protected expression under the First Amendment. The Supreme Court granted cert in November 2022 to consider the principal question whether humorous use of another's mark on a commercial product should be assessed under Rogers or the traditional multipart test of likelihood of confusion.
Court Declines to Block Retroactive Application of HSTPA
January 01, 2023
The Housing Stability and Tenant Protection Act amended the Rent Stabilization Law and, among other draconian changes, severely curtailed landlords' incentives to modernize and otherwise improve rent regulated apartments by limiting the ability to recover the costs of individual apartment improvements (IAIs) to vacant apartments.
Development Issues for Tenants to Consider In Build to Suit Leases
January 01, 2023
There are several issues and terms to consider related to the development process that differentiate build to suit leases from a standard commercial lease that are important for the tenant to understand to effectively manage costs and effectively protect itself from delays in the development schedule.
Trouble Prosecuting Trump Allies Signifies DOJ's Difficulties In Prosecuting Non-Traditional Foreign Influence Cases
January 01, 2023
Despite the broad language of the Espionage Act, the DOJ has faced significant hurdles in pursuing prosecutions outside the traditional espionage context, and particularly where the alleged foreign agent's activity involves ostensibly legitimate international business dealings.
U.S. Bankruptcy Court Denies Chapter 15 Recognition to a Case on the Isle of Man
January 01, 2023
Cases interpreting Chapter 15 of the Bankruptcy Code after it was enacted in 2005 often addressed basic issues, such as whether a foreign debtor must have property in the U.S to file a case there. But even when there's no property in the U.S., there's an easy remedy: the foreign administrator can deposit a retainer payment with its U.S. law firm.
Why Are Some Bills Easier to Collect Than Others?
January 01, 2023
Why do some people sail through the entire budgeting, billing and collection process, while for others collection always means trepidation?
The NFT Market and Fallout from the FTX Scandal
January 01, 2023
The FTX bankruptcy scandal that has shaken the largely unregulated cryptocurrency world has slowed but isn't likely to end the roll-out of celebrity-related, non-fungible digital token (NFT) offerings. But how might the FTX story impact a push for federal regulation of the NFT market?
Meeting Client Expectations to Provide Good 'Customer Service'
January 01, 2023
Buyers of legal services are now a highly sophisticated and connected community. What the clients now not only want but insist on, is operational efficiency, effectiveness and transparency.
An Innovator's Approach to Hybrid: Empathy and Iteration
January 01, 2023
This is a time of innovation, and one way law firms can prepare for a future we can't yet see is through leveraging two key levers: the need for empathy and iteration.
What Rights Does Commercial Subtenant Have In Security Deposit When Landlord Files for Bankruptcy?
January 01, 2023
Section 365 of the Bankruptcy Code, which governs the disposition of executory contracts, has specific provisions regarding the disposition of commercial real estate leases in bankruptcy, including the rights of a tenant to remain in possession of the leased premises when the landlord files a bankruptcy case and rejects the lease. But what rights does a tenant have with regard to the security deposit delivered by the tenant to the landlord?

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