Features
Expansion of Right of Publicity Continues To Create Tensions with First Amendment
Broadly defined, the right of publicity is a person's right to control the commercial use of his or her identity. It has been over half a century since the term "right of publicity" was first coined by Judge Jerome Frank in 1953. Since that time, courts have been struggling to define the scope of the right of publicity protection, and to resolve the inherent conflicts between the right of publicity and the freedom of expression embodied in the First Amendment.
Features
Taxpayer Suffers SILO (Pre-tax) Loss in Wells Fargo
In <i>Wells Fargo & Company v. United States</i>, a court considered for the first time SILOs involving domestic municipal transit agency lessees. While one would have thought that the domestic and federally approved nature of the transactions would have some influence on the decision, they did not.
Features
Managing the Compensable Workday in a New Electronic World
What is work? When does the workday begin and end? These seemingly easy questions are not so easy anymore. Here's why.
Features
Gross Leasable Area and Excluded Area
In an environment where it has become increasingly difficult for landlords to lease space in their retail projects, landlords have employed a new strategy to compensate for the ever increasing vacant space within their retail projects.
Features
In the Spotlight: Islamic Finance and Its Impact on Leasing Transactions in the U.S.
When commercial real estate markets in this country recover, foreign funds will once again play a significant role. For that reason, it is important for every owner of commercial real estate in the United States today to know something about Islamic finance.
Features
Market Value for Property Tax Purposes in a Recessionary Market
A market value analysis for property tax purposes differs significantly from a market value analysis for other business purposes, such as financing or acquisitions. When deciding whether to file a property tax appeal and pursue the negotiation of a settlement and/or trial of your appeal, it is essential to understand this crucial difference in valuation methodology.
Features
Substantial Contribution Claims
Where a creditor retains a professional to advance a particular position in a Chapter 11 case whose efforts result in the making of a substantial contribution to the case, such creditor can potentially get reimbursed for all of its out-of-pocket expenses, including for reasonable compensation for professional services rendered.
Features
Challenges and Solutions for Electronic Billing
Coming into 2010, it has become clear that, for law firms, not only is electronic billing here to stay, but adoption by corporate clients will continue to accelerate.
Features
An Economic and Demographic Case for Alternative Fee Arrangements
We have known for some time that the law profession is aging. Until now, the effect that such aging could have on law firm revenues has been entirely masked by law firms raising hourly billing rates well in excess of general inflationary pressures, rising costs of operations and the increased experience of its practitioners. Now we are in an environment where competitive and market forces will almost certainly alter the ability to raise hourly billing rates consistent with historic patterns. The time has come to embrace alternatives to hourly pricing.
Features
Expert Witnesses
The U.S. District Court for the Southern District of California denied a motion to exclude the expert testimony of a witness who has worked in advertising and celebrity endorsements for more than three decades.
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