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What to Consider When Drafting Renewal and/or Expansion Terms in Arbitration Clauses
January 01, 2019
Navigating through a murky arbitration clause is no easy feat. Assuming familiarity with the basics, the following is a list of considerations that should prove valuable whether representing the tenant or the landlord.
Competitive Intelligence: The Wolf of Law Firms — Sell Me This [Insert Legal Service Here]
January 01, 2019
While we can't always create the need; we can work to identfy a need. Clients buy because they have a need or want, and successful salespeople do their homework to uncover this intelligence.
Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity
January 01, 2019
Part One of a Two-Part Article Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.
Confronting the Company: Corporate Guilty Pleas as Evidence in Criminal Trials
January 01, 2019
This article reviews the history of the admission of individual co-conspirator plea allocutions in criminal cases and discuss why the admission of a corporate guilty plea, despite the opportunity to cross-examine a corporate employee who signed the plea agreement, does not provide the type of cross-examination guaranteed by the Confrontation Clause.
Law Firm Profitability: The Art and Science
January 01, 2019
The Manner in Which Law Firm Leaders Measure Profitability Has the Potential to Have a Profound Impact on Behavior and Motivation, Particularly As More Firms Integrate This Metric Into Their Compensation Systems The manner in which law firm leaders measure profitability has the potential to have a profound impact on behavior and motivation.
Making Sense of YouTube's Monetization Policies
January 01, 2019
This article delves into YouTube's policies for channel monetization, explores the different streams of revenue an artist or creator may be entitled to receive for their works, and offer suggestions to indie creators and more established creators, so they can meet these new thresholds.
Legal Tech: Moving to the Cloud for Business Continuity Planning
January 01, 2019
In the past year, the devastation caused by natural disasters has been immense. Law firms, like every other business, are left to deal with the aftermath of these catastrophic events. Firms that have established business continuity plans to put into effect when these instances occur will find themselves a step ahead in the disaster recovery process. And the ones leveraging cloud technology are at an even greater advantage.
Reports of the Demise of 'Gifting' Chapter 11 Plans Are An Exaggeration
January 01, 2019
In Nuverra Environmental Solutions,, the U.S. District Court for the District of Delaware affirmed a bankruptcy court order confirming a non-consensual Chapter 11 plan that included "gifted" consideration from a senior secured creditor to fund unequal distributions to two separate classes of unsecured creditors.
Business Crimes Hotline
January 01, 2019
Changes to Yates Memo Announced
The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
January 01, 2019
<b><i>Part One of a Two-Part Article</b></i><p>This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.

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