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Current Issues In Enforcing Judgments Against LLCs
June 01, 2018
When a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.
Plot Thickens for Dispute over 'Star Wars'-Related Card Game App
June 01, 2018
In a lawsuit over rights to a card game with a pivotal role in the <i>Star Wars</i> saga, Lucasfilm Ltd. won an early battle against app maker Ren Ventures Ltd. when a federal district judge in San Francisco declined to dismiss Lucasfilm's claims based on Ren Ventures' use of various trademarks, primarily centered on the game Sabacc.
Considering Lease Assignment Provisions in the Light of an Enterprise's Broader Business Plan
June 01, 2018
When entering into or acquiring leases for locations, a retail or restaurant business must consider broader business concerns in negotiating the leases' assignment provisions. Those provisions can inadvertently create major obstacles in the ultimate conveyance or financing of the business.
Online Extra: Facebook's Blockchain Bet Could Place It in the Data Decentralization Debate
June 01, 2018
<i><b>Oft-Considered an Avenue for Individuals to Attain Greater Control over Their Digital Information, Blockchain Could Be Leveraged By Facebook to Change Its Status As “Gatekeeper” for User Data</i></b><p>Facebook Inc. recently announced that it will begin exploring different ways to incorporate blockchain into its infrastructure. Yet, questions remain over how the social media company will implement the technology and what sort of legal challenges doing so could portend.
Cash Flow Drought: How to Identify and Deal with It
June 01, 2018
Cash flow management can be particularly challenging. You need to account for the time lag between cash going out and cash coming in. This requires financial and management discipline, strong internal policies and procedures for billing and collection policies, planning and attention to detail.
When Is a Bid or Offer a 'Spoof'?
June 01, 2018
<b><i>U.S. Supreme Court Denial of Cert Leaves Statute Vague</i></b><p>This article analyzes the confusion faced by commodity futures traders in assessing whether their trading strategies constitute illegal spoofing and examines whether the CFTC and Seventh Circuit have provided sufficient guidance on the distinction between spoofing and legitimate trading activity.
Listening to the Client: Where Do We Stand?
June 01, 2018
If you listen to the marketplace, you will know what to do in connection with client growth and client retention. Are firms listening to this advice?
Trademark 'Theft' With AdWords Keyword Bidding
June 01, 2018
<b><i>Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims</b></i><p>As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.
Supreme Court Denies Cert in RLUIPA Case
June 01, 2018
<b><i>Sets Standard that Potentially Relieves Municipalities from Liability for Denying Religious Uses</b></i><p>The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.
Chapter 15 Practice: U.S. Venue Selection Clause Does Not Trump Distribution Scheme in Italian Restructuring Plan
June 01, 2018
The U.S. Bankruptcy Court for the District of Delaware recently ruled that choice of law and venue selection provisions in a contract between a U.S. creditor and Italian debtor did not trump the debt restructuring plan approved by an Italian bankruptcy court.

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