Supreme Court Rules Against Aereo
August 02, 2014
In <i>ABC v. Aereo</i>, the U.S. Supreme Court reversed the Second Circuit's holding that Aereo did not directly infringe the copyright owners' public performance rights through the operation of the "Watch Now" function of its service.
Supreme Court Upholds Lanham Act Claim in Juice Wars
August 02, 2014
Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.
The Co-Tenancy Clause
August 02, 2014
After <i>Kleban v. Ann Taylor</i>, when a mall or shopping center landlord is marketing space and offers a potential retail tenant a co-tenancy provision, the most applicable legal maxim is <i>caveat venditor</i>, let the seller beware. Landlords can suffer great unintended consequences from a co-tenancy clause that is negotiated as an accommodation to get a tenant into the space and then explodes years later.
Court Watch
August 02, 2014
No Disclosure Document? Not Always a Problem.
In the Courts
August 02, 2014
Analysis of a decision in which the D.C. Circuit ruled on attorney-client privilege protections for corporate internal Investigations
Rainmaker or Hostage Taker?
August 02, 2014
Despite a surge in articles, blogs and white papers that focus on top trends in law firm business development and management, few have explored critical changes taking place within law firm management, particularly as they relate to the concept of the rainmaker.
Further Precedent Supporting the Retention of CROs
August 02, 2014
A recent decision in the United States Bankruptcy Court for the Central District of Illinois is part of a growing trend of opinions and orders around the country allowing a debtor to retain a chief restructuring officer (CRO) under sections 105(a) and 363(b) of the Bankruptcy Code, rather than section 327(a) of the Bankruptcy Code.