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Recent International Conventions Will Affect Family Law Practice Image

Recent International Conventions Will Affect Family Law Practice

Mary Kay Kisthardt & Barbara Handschu

The U.S. Senate has "quietly" ratified two important international conventions. This article discusses what effect they will have on statutes in the U.S. that affect family support and international custody orders.

Features

In the Spotlight: Outparcels and Rights of First Refusal Image

In the Spotlight: Outparcels and Rights of First Refusal

Anne R. Kerns

Where an outparcel is involved, and the grantor owns additional property, failing to address the package deal scenario at the drafting stage is likely to create uncertainty for our clients as well as undesired or not bargained-for results.

Features

Expanding Retailers Purchase Multiple Leases Image

Expanding Retailers Purchase Multiple Leases

Steven J. Roberts

With many opportunities in the marketplace to purchase real estate leases and other assets associated therewith, attorneys need to make sure they are ready to deal with a request from a client to purchase leases.

IT BOILS DOWN TO ONE CLIENT AT A TIME Image

IT BOILS DOWN TO ONE CLIENT AT A TIME

Bruce W. Marcus

Here's a little secret about professional services marketing. It always comes down to selling the individual clients ' one by one. And it doesn't matter if your firm is the largest or the smallest. You can talk about strategies, image, niche marketing and branding. You can talk about articles, brochures, press releases and seminars. But it always comes down to selling the individual clients ' one by one.

Features

Enjoining Unlicensed Trademark Use By Terminated Franchisees Image

Enjoining Unlicensed Trademark Use By Terminated Franchisees

Kevin Adler

In a recent presentation to the Maryland State Bar Association's Franchise Law Committee, Stephen Vaughan and David Worthen, shareholders with Gray Plant Mooty, discussed how to obtain an injunction that will prevent unlicensed trademark use by a terminated franchisee, as well as strategies for fending off arguments commonly raised by franchisees when confronted with a motion for an injunction.

Features

Grabbing Customers' Copyrights Image

Grabbing Customers' Copyrights

Robert W. Clarida & Robert J. Bernstein

What's at issue is control, obviously, and the great lengths to which some will go to maintain, it even as they benefit from the wide-open, free-flowing viral information torrent of the Internet. These copyright acquisitions are not primarily motivated by the desire to exploit the works and make money, but rather by the desire to stop the public circulation of texts and images the new owners do not like.

Features

Ninth Circuit Vacates Injunction In Advertising Keywords Case Image

Ninth Circuit Vacates Injunction In Advertising Keywords Case

Alison Frankel

Remember U.S. Supreme Court justice Potter Stewart's famous line about hardcore pornography? Stewart said it was tough to define, "but I know it when I see it." The quip came to mind after a ruling last month by the U.S Court of Appeals for the Ninth Circuit in a trademark infringement case involving Internet advertising keywords. In essence, the Ninth Circuit concluded that there's no strict standard for determining infringement in the Internet age, so judges have to know it when they see it.

Features

New Net-Use Tracking Tactics Capture Privacy Claims Image

New Net-Use Tracking Tactics Capture Privacy Claims

Jonathan Bick & Elan Raffel

The use of new technology makes peoples' efforts to keep Internet behavior private more difficult, has given rise to renewed claims from consumers of unlawful intrusiveness by Internet data-collectors, and has revived the argument that such behavior unlawfully violates privacy expectations.

Features

Small Impact on Practice Predicted from White House IP Recommendations Image

Small Impact on Practice Predicted from White House IP Recommendations

Zack Needles

When the White House's intellectual-property enforcement coordinator, Victoria Espinel, submitted a wish list to Congress in March recommending 20 changes to federal intellectual property law largely aimed at ramping up criminal punishment for IP infringement, IP lawyers said the white paper recommendations would likely have only a tenuous effect, if any, on civil IP litigation or patent prosecution.

Features

<b>Decision of Note</b> MI Supreme Court Dismisses Claim over Backstage Taping Image

<b>Decision of Note</b> MI Supreme Court Dismisses Claim over Backstage Taping

Stan Soocher

The Supreme Court of Michigan dismissed an eavesdropping claim by city officials who were taped backstage while demanding that a video they considered improper for young audience members not be played during a Detroit concert that featured rappers Dr. Dre, Eminem and Snoop Dogg.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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