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Sales Speak: Selling Doesn't Cause Buying
January 01, 2022
Selling doesn't cause buying. Buying is an internal business process and that process is fast becoming out of sync with the sales training we often push on our lawyers. Our buyers know more than we do about what is really important inside companies when they are looking to hire outside counsel. We must get better at that lest many of our practices become even more commoditized.
Biden Administration Corporate Enforcement Policies More Symbolism than Effective Reform
January 01, 2022
By undoing some of the higher profile policy changes of the prior administration that many perceived as business-friendly, the current administration has served notice on the business and financial community of a return to practices characteristic of a more aggressive enforcement regime.
Reckless Disregard for the Truth of a Material Statement Made to the USPTO Is Sufficient for Proving the Intent to Deceive
January 01, 2022
The Trademark Trial and Appeal Board (TTAB) has finally filled a gap left by the U.S. Court of Appeals for the Federal Circuit in the standard for finding deceptive intent when trying to prove fraud on the USPTO.
A Look At What 2022 Has In Store for Commercial Real Estate
January 01, 2022
Disaster — a seemingly closed economy, crashed supply chains, tight labor availability, and many millions out of work — turned into rising values, some hot sectors, and rising rents and increased stability by 2021. Stepping into 2022 should be a good deal less jarring. And yet, there might be changes and surprises. Here's what experts see as coming up.
Chapter 15 Can Impact Foreign Bankruptcy As Well As Domestic Civil Litigation
January 01, 2022
At first glance, Chapter 15 might appear to have the relatively minor role of staying actions against U.S. assets while the main foreign proceeding moves forward. However, as one recent case out of the Southern District of New York demonstrates, Chapter 15 carries the potential to significantly impact not only the main foreign bankruptcy, but civil litigation in the United States as well.
Law Firms and the Rise of Hospitality
January 01, 2022
The law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.
Enforcement of Obligations Imposed In SEQRA Findings Statements
January 01, 2022
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
Challenges In Being a Pro Sports General Counsel
January 01, 2022
Being a general counsel for a professional sports team is a coveted gig, but it's also a job with unique challenges, potential ethical minefields and scandals lurking around the front office, field, stadium and elsewhere.
Real Property Law
January 01, 2022
Encroachment By Party Wall Will Not Support a Notice of Pendency Questions of Fact Remain In Party Wall Dispute Easement Was Only for Access Seller's Failure to Provide Estoppel Certificates Excuses Purchaser from Performing Equitable Title Claim Upheld
Bringing 5-Star Hospitality to Law Firms
January 01, 2022
The law firm office cannot remain unchanged, therefore, as if frozen in time set to some date prior to the onset of pandemic, when all the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.

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