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Leadership Mistakes
October 02, 2014
Leadership. It's an accidental career. Yet, too many leaders are leaving their leadership to chance. They have not sought out the skills to lead intentionally and confidently.
Trust Planning
October 02, 2014
As discussed last month, modern trusts are, in general, more protective than trusts created even in the recent past. In Part Two herein, the author explains how an existing trust may be made more "divorce-proof," offers some hypothetical examples of the treatment trust funds may be given in divorce, and describes some lesser-known trust-related problems to be avoided.
Supreme Court Broadens Ability to Obtain Attorney's Fees in Patent Cases
October 02, 2014
The Supreme Court has recently issued opinions relaxing the standards for awarding attorney's fees against a patent enforcer, beginning with its decision on April 29, 2014, in <i>Octane Fitness, LLC v. ICON Health and Fitness, Inc.</i>
Bankruptcy Rule 2004
October 02, 2014
Rule 2004 of the Federal Rules of Bankruptcy Procedure (Bankruptcy Rule 2004) is a crucial pre-litigation discovery tool to investigate potential Avoidance Actions ' causes of action under Chapter 5 of the Bankruptcy Code.
Over-Secured Lenders and Requests for Payment of Attorneys' Fees and Other Charges
October 02, 2014
The Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
Functionality Rulings Are Nothing To Cheer About
October 02, 2014
What do cheerleading uniforms and laminated faux-maple flooring have in common? And what does either one have to do with copyright law? Read on: Both have recently been the subject of dubious rulings about the copyrightability of useful articles that could, if not reversed, further muddy the already murky doctrinal waters the courts have created around this issue.
Availing Yourself of the Series LLC: Benefits and Detriments
October 02, 2014
A "Series LLC" is a form of limited liability company that has been available under the laws of a number of states for almost 18 years. The Series LLC has gone largely unnoticed in both the common business arena and the courts.
<i>Jancik v. Redbox Automated Retail</i>
October 02, 2014
Congress enacted the ADA "to remedy widespread discrimination against disabled individuals." The salutary effect of the ADA cannot be understated. However, many business owners and operators might, at the same time, rightly ask whether there are any limits to the Act's reach.
Control of Common Areas
October 02, 2014
This article presents a brief primer on the current state of the always evolving common law of quiet enjoyment and constructive eviction, and then offers suggested lease language to avoid unnecessary confusion.
Gendered Dress Codes
October 02, 2014
The potential pitfalls for employers with regard to transgender employees are enormous. Most courts that have held that the gender-stereotyping theory of <I>Price Waterhouse v. Hopkins</I> extends Title VII protections to those individuals.

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