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Navigating the SEC's Marketing Rule: Compliance Challenges and Legal Insights
October 01, 2024
The Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.
Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines
October 01, 2024
Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.
A Tutorial On Contract Liability for Real Estate Purchasers: 'Huguenot LLC v. Megalith Capital Group Fund I, L.P.'
October 01, 2024
In ultimately rejecting the plaintiff's claim that the apartment buyers could be responsible for the condominium developer's breach of a contract recorded as part of the condominium's declaration, the court illustrated some important points about how contracts can run with the land, or otherwise impose liability on real estate buyers.
Credible Fraudulent Transfer Advocacy
October 01, 2024
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Truth-in-Music-Advertising Law Provides No Private Right of Action to Music Groups
October 01, 2024
As for the Truth-in-Music-Advertising law in this case of first impression, band-name rights holders will have to wait for state counsel to act in order to seek remedies provided by the statute.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
September 01, 2024
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
September 01, 2024
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
September 01, 2024
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Turning Business Development Plans Into Reality
September 01, 2024
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.
Be Careful What You Stip For: 'Liggett v. Lewitt Realty LLC'
September 01, 2024
The ruling from New York's highest state court, although straightforward on its face, has important implications for both long-existing settlement agreements and when considering drafting future agreements settling disputes in the context of the Rent Stabilization Law.

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  • The Unlicensed Real Estate Broker in New York: Beware
    The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
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