The Article 8 Opt In
September 01, 2016
When a lender provides financing to a commercial borrower, it typically requires the borrower to grant a security interest in some or all of the borrower's assets. Among many other types of assets or collateral, a borrower may be required to grant a security interest in stock or membership interests owned by the borrower, including stock or membership interests in the borrower's subsidiaries or affiliates.
Crisis: Controlling the Threats and Seizing the Opportunities
September 01, 2016
You might not be able to control when a crisis happens, but you can control how you respond, provided you've taken the time to prepare. While every crisis is different, there are a few key steps to follow to ensure that brands or businesses not only survive a crisis, but bounce back stronger.
<b><i>Leadership:</i></b> Giving Feedback
September 01, 2016
Teams that improve their ability and frequency of giving both positive and constructive feedback can rapidly improve their performance, trust level and learning speed because they are focusing their energy on improving together rather than being defensive, blaming others and protecting their turf.
Challenges to the DOJ's Jurisdiction over Extraterritorial Conduct
September 01, 2016
The U.S. is often criticized for being the world's policeman ' for trying to prosecute wrongdoing all over the world. The Supreme Court has in recent years begun imposing limits on the application of federal laws to wide swaths of extraterritorial conduct. But to what extent does the <I>Morrison</I> line of cases help challenge the notion of the United States as the world's policeman?
<i>Pok'mon Go</i> Raises a Variety of Liability Issues
September 01, 2016
Every generation has its own new fads, which can sweep across the country, if not the world, seemingly from nowhere, capturing the imagination and attention of millions. With the exception of a few fads, these activities, however brilliant or mindless, do not create legal issues and potential litigation involving those who participate. <i>Pok'mon Go</i> is one of those exceptions.
IP News
September 01, 2016
Federal Circuit: <i>Halo Electronics</i> Sent Back to District Court <br>
Six Keys to a Successful Law Firm Merger
September 01, 2016
Over the past two years, the author has been involved in three merger situations and iscurrently working on two more. He has worked closely with the managing partners and committees of these firms and has come away with the six factors that he believes determine the success or failure of law firm merger discussions.
The False Claims Act After <i>Escobar:</i> A Three-Part Test
September 01, 2016
In a unanimous opinion in <I>Universal Health Servs. v. United States ex rel. Escobarr</I>, 195 the Supreme Court recently provided a new framework for assessing false certification liability under the False Claims Act (FCA).
Copyrightable Karaoke Tracks Not Protected By Trademark Act
September 01, 2016
Slep-Tone Entertainment Corporation and its successor in interest, Phoenix Entertainment Partners, filed more than 150 Lanham Act suits throughout the country. The suits alleged that defendants had committed trademark infringement by making unauthorized copies and performing commercial karaoke files containing Slep-Tone's registered trademark "Sound Choice" and graphically displayed trade dress.
