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April 01, 2019

Condemnation Award Reduced

SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks

April 01, 2019

This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line.

Best Ways to Expand Key Client Relationships from the Lawyers' and Firms' Perspectives

April 01, 2019

Part One of a Two-Part Article This article defines the specific and best actions lawyers and law firms can take to expand client relationships. This first part includes specific actions individual lawyers can take to expand client relationships.

Clients Drive Information Governance: Business Benefits Flow to Firm

April 01, 2019

Information governance and the protection of corporate data are top concerns for law firms. To ensure standards are met, some clients are now tying payment to compliance with Outside Counsel Guidelines (OCG). OCG have moved from guidelines to actual contracts that provide for indemnification of the client for cyber breach and violation of privacy laws.

Monopolizing the Disruptive

April 01, 2019

The Federal Circuit's Threat to Software Innovation in the Oracle v. GoogleDecisions<The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers' understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.

Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble

April 01, 2019

A would-be class action against Barnes & Noble could have cost the bookseller hundreds of millions of dollars — not to mention a reputational hit for allegedly sharing private information about its customers' online video purchases with Facebook.

Real Property Law

April 01, 2019

Title Insurance Inducements Purchaser's Willful Default/Down Payment Tortious Interference Claim Reinstated Easement Scope Mortgage Acceleration

Quasi-Bankruptcy Quagmires

April 01, 2019

When Entities May Not Have a Filing Choice and How Creditors Are ImpactedThis article explores the difficulties some entities have encountered in filing bankruptcies and how one organization used extraordinary civil remedies in an attempt to accomplish what reorganization under Chapter 11 of the United States Bankruptcy Code would have provided.

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)

April 01, 2019

With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.

In the Courts

April 01, 2019

The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.

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Supreme Court Hears Arguments In Corporate Trademark Infringement Remedy Calculation Case
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.
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Navigating AI Risks: Best Practices for Compliance and Security
The most forward-thinking companies embrace AI with complete confidence because they have created governance programs that serve as guardrails for this incredible new technology. Effective governance ensures AI consistently aligns with an organization’s best interests, safeguarding against potential risks while unlocking its full potential.
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What Will 2025 Bring for Legal Tech
It’s time for our annual poll of experts on what they expect 2025 to bring in legal tech, including generative AI (of course), e-discovery, and more.
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AIAs: A Look At the Future of AI-Related Contracts
AI’s rapid market proliferation and regulatory expansion mirrors privacy’s, and businesses should model their contractual AI compliance on the successes of privacy law’s DPA and BAA.
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The Death of SEO: How AI Is Impacting Search, PPC and Cookies
Traditional keyword strategies and ranking tactics are losing ground to a more dynamic approach in which optimizing for search now means optimizing for every platform and user interaction. This evolution is appropriately being called “Search Everywhere Optimization.” The redefined SEO reflects how AI is not just changing how people find information but also how businesses need to think about visibility in an increasingly connected digital ecosystem.
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