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How Law Firms Are Overcoming New Business Development Challenges
March 01, 2020
With the intense competition for new legal work, demands on lawyers' available time and the increasing discounts clients demand, it's getting harder for law firms operating under a billable-hour business model to support the consistent development of new legal work by investing in and maintaining a marketing department alone.
You Know What It Is: Taco Tuesday and the Failure-to-Function Doctrine In Trademark Law
March 01, 2020
The foundational requirement that a trademark function as a trademark has received little attention in the case law. More recently, however, there has been an apparent uptick in scrutiny of trademark use by the USPTO and TTAB, as well as fresh academic attention paid to the issue.
SEC Proposes Changes to Accredited Investor Definition
March 01, 2020
Real estate syndication offerings often rely on Rule 506 of Regulation D to exempt such offerings from registration under the Securities Act. Rule 506 requires that, with certain limited exceptions, purchasers of the securities offered are limited to accredited investors. Amendments proposed by the SEC in December modify certain of the existing categories of accredited investors and create certain new categories.
Defining Reasonable Care for the Protection of Personal Data
March 01, 2020
The Pennsylvania Supreme Court enlivened the Thanksgiving holidays of privacy lawyers in 2018 with its decision in Dittman v. UPMC, which held that an employer has a legal duty to exercise reasonable care to safeguard employees' personal information. While the scope of the decision technically was confined to the employer-employee relationship, the court's reasoning implies that such a duty of reasonable care may arise in any scenario where one party engages in the collection of personal information.
Navigating APT Intrusions
March 01, 2020
Advanced Persistent Threat (APT) intrusions are sophisticated cyber-attacks carried out by well-funded and organized cyber-criminals. The attacks are designed to establish persistence using various tactics, techniques and procedures that are intended to avoid detection and mimic authorized activity in the environment, known as "living off the land."
In the Wake of Shields: Broader Implications for Decision on Commercial Landlord Liability
March 01, 2020
The Supreme Court of New Jersey recently revisited an oft-contested issue in the area of premises liability: whether a commercial landlord owes a duty to its tenant's business invitees to maintain the premises, under a triple net lease, where the tenant is in exclusive possession of the demised premises.
Florida Lawmakers Introduce Online Privacy Legislation
March 01, 2020
Florida lawmakers have introduced companion bills in the Florida House (HB 963) and Senate (SB 1670) that would create limited online privacy rights and obligations in the state. The legislation appears to be very similar to the Nevada Online Privacy Protection Act, which was amended last year to add a right to opt-out of sales of covered information.
Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy
March 01, 2020
Landlords often have clues that a tenant is going to be filing for bankruptcy, rental payments are consistently late several months in a row and the tenant falls more than a month behind on the rent. But, it can still be shocking when a landlord receives a legal notice in the mail, instead of a rent check.
Development
March 01, 2020
Lawyer's Signs on Buildings Owned By Corporation Violate Administrative Code
Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive
March 01, 2020
This article is Part One of a two-part article This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.

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