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Mediation of Commercial Lease Disputes: A Collaborative Approach to Resolving Disputes
September 01, 2024
In the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.
The Fourth Amendment and ESI
September 01, 2024
Courts have long acknowledged that searches of computers and other mediums storing electronic information (ESI) often involve a degree of intrusiveness much greater in quantity and in kind from searches of other containers. This article reviews some recent case law that spotlights this ever developing area of the law.
Precautions Defense Counsel Should Consider In Making Attorney Proffers
September 01, 2024
For good reason, ordinarily courts are reluctant to admit statements of counsel as evidence in a criminal trial. Rulings in two recent high-profile local cases defy the common wisdom.
Creating a Roadmap for a Curated Career
September 01, 2024
A curated career involves deep reflection, intentional thought, and a vastly different set of questions than we currently ask ourselves in law school about how to choose a job. It is not a happy accident or a lucky break — it's the result of deliberate actions and choices that align with one's personal values.
Circuit Courts Split On Review of Bankruptcy Court's Denial of Motion to Dismiss
September 01, 2024
Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
UTMs: Taking Your Social Media Analysis to the Next Level
September 01, 2024
In the fast-paced world of digital marketing, every click, share and engagement counts. Social media has become a vital tool for businesses to connect with prospects and clients, drive traffic to their websites and, ultimately, boost the bottom line. However, tracking the effectiveness of your social media efforts on a more granular level can be difficult.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
September 01, 2024
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Real Property Law
September 01, 2024
Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear Restrictive Covenant Did Not Bar Above Ground Pool and Deck Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement
Using Unique Product Features or Designs to Register Trademarks
September 01, 2024
Brand identity extends well beyond a brand name to encompass various elements. To truly protect your brand, consider what other features or designs can be registered as trademarks.
Applying Merger By Deed Doctrine to Real Estate Transactions
September 01, 2024
Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.

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