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Marketing the Law Firm Is Going Digital Only. Here's What You Need to Know.

January 01, 2024

The final print edition of Marketing the Law Firm will be our January issue.

Can Artificial Intelligence Patents Survive Alice?

January 01, 2024

Part One of a Two-Part Article Under the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.

Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's

January 01, 2024

Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.

IP News

January 01, 2024

Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed Federal Circuit: District Court Did Not Err In Finding That an Abbreviated New Drug Application Is Limited to the Uses Described Therein

The Intellectual Property Strategist Is Going Digital Only. Here's What You Need to Know.

January 01, 2024

The final print edition of The Intellectual Property Strategist will be our January issue.

Three Things Trustees Should Know About Due Diligence in Preference Litigation

January 01, 2024

Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.

Law Firms Embracing 'Hoteling' to Save On Office Lease Costs

January 01, 2024

While new to law firms, hoteling strategies are line with the practices of companies in other verticals where hoteling and 100% work flexibility have been successfully in place for some time.

Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs

January 01, 2024

2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.

Split Second Circuit Narrows Bankruptcy Code's Settlement Payment Safe Harbor

January 01, 2024

The majority was sensibly concerned with the possible structuring of leveraged buyouts by artful counsel who would use a financial institution as a "mere conduit" to exploit the Code's safe harbor.

The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts

January 01, 2024

A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.

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Counsel should include in its analysis of a case the taxability of the anticipated and sought after damages as the tax effect could be substantial.
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