Trademark Licensees May Be Able to Have Their (Cup)Cake and Eat It, Too
January 31, 2015
Following a recent line of high-profile and notable decisions that have sought to protect the rights of trademark licensees in a trademark licensor's bankruptcy, the United States Bankruptcy Court for the District of New Jersey has issued a significant decision that, for the first time, extends the protections of Section 365(n) of the Bankruptcy Code, 11 U.S.C. ' 365(n), to trademark licensees on equitable grounds.
The Implied Covenant of Good Faith and Fair Dealing Under U.S. Law
January 31, 2015
When circumstances change, parties to an agreement often find that the agreement does not cover the exact situation they are now facing. Instead, depending on how their contract is interpreted, one of the parties may be able to take advantage of the contractual silence or ambiguity and act in a way that causes detriment to the other.
Cooperatives & Condominiums
January 31, 2015
Did the use of premises by a decedent's daughter constitute unauthorized subletting or assignment? How the court ruled.
When Your Data Goes Viral
January 31, 2015
As discussed in Part One of this article, a data breach can jeopardize a company's confidential information such as client records, trade secrets, privileged legal information, or employee records. The discussion concludes herein.
To Settle or Defend
January 31, 2015
When trying to make a reasoned decision about whether to settle or defend a medical malpractice claim, there are a number of things that should be taken into account. In this regard, the authoroffers eight factors to consider, four of which were addressed in last month's newsletter. The discussion concludes herein.
Getting to Zero
January 31, 2015
The question of how to manage paper records ' both onsite and off ' is probably the greatest hurdle faced by many of our clients. For most areas of back-office operations not running optimally, firms can outsource or hire a new manager and typically solve the problem. This is not the case for paper records.
How to Work with a Business Development Coach
January 31, 2015
Many firms are stepping up their business development game, often pressing greater numbers of lawyers to be actively engaged in, and accountable for, developing business.
The Right to Associate in the Defense
January 31, 2015
The "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.
Can the EEOC Be Trusted to Police Its Own Compliance?
January 31, 2015
The EEOC has an express statutory duty to attempt to secure, in good faith, a conciliation agreement with an employer as a precondition to filing a lawsuit. In some cases, however, the EEOC has approached conciliation in a "take-it-or-leave-it" manner, making unreasonable demands while threatening to file suit and issue a press release, which can inflict significant reputational harm on the employer.
