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Development
December 01, 2020
Denial of Site Plan Application Upheld Issuance of State Permit Does Not Preclude Village's Nuisance Claim Against Waste Disposal Facility
Right-Resourcing Legal Services
December 01, 2020
What is the right strategic approach for a legal department to optimize its return on investment for the resources it deploys to render legal services?
Implications of NJ BAIT for Law Firms
December 01, 2020
NJ Senate Bill 3246 established the "business alternative income tax" (BAIT), an elective business tax regime for pass-through entities. Law firms are left wondering if electing to pay the BAIT is the right choice. This article summarizes how the NJ BAIT works, as well as its pros and cons.
The Increasing Use of Data Analytics in International Arbitration
December 01, 2020
Legal practitioners, as well as in-house counsel and other stakeholders, are making increased use of legal analytics in order to reach data-driven decisions in the context of future or ongoing litigation. Access to data analytics is even more relevant in the context of international arbitration, where the parties and counsel exert a greater degree of control over key features of the dispute resolution process.
Unseating Inelegant Notions of Product Design Functionality
December 01, 2020
In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.
What 11th Circuit Ruled in Copyright Suit Over Netflix's Narcos Series
December 01, 2020
The U.S. Court of Appeals for the Eleventh Circuit ruled in favor of Netflix in finding that one of its shows didn't infringe the copyright of a Colombian journalist who wrote a memoir about her affair with drug kingpin Pablo Escobar and the rise of the Colombian drug trade.
Settling COVID-19-Related Commercial Lease Disputes
December 01, 2020
This article examines how shutdown actions might be approached and resolved by settlement by applying a series of contract performance doctrines that inevitably arise during these types of situations.
SCOTUS Set to Address Circuit Split in Interpreting CFAA
December 01, 2020
The Computer Fraud and Abuse Act (CFAA) is the sort of broadly worded criminal statute which gives white-collar prosecutors considerable power — and makes defense counsel and judges uneasy. The meaning of "or exceed[ing] authorized access" is not so clear.
Tenth Circuit Ruling May Impact Treatment of Student Loans In Bankruptcy
December 01, 2020
A recent ruling in the U. S. Court of Appeals for the Tenth Circuit represents a significant departure from the generalized belief that student loan debts cannot be discharged in bankruptcy, and which, if followed by other circuit courts, could have a dramatic impact on bankruptcy law.
Marketing Tech: When COVID Came, Law Firms Delivered Important Messages in Perilous Times
December 01, 2020
Determining what to say to whom, and when to say it, was anything but obvious to law firm leaders and marketing departments at the start of the pandemic. But nine months in, some clear strategies have emerged for successfully navigating external communications when the future is uncertain and the stakes are high.

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