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Commercial Law

  • Now faced with such a dramatic and sudden change, real estate attorneys are left wondering what to do. The transactional practice that was so good to so many for so long is no longer there. A look at how these attorneys can redirect the focus of their practices to adapt to the changing times.

    March 27, 2009David P. Barker
  • These are extremely trying times for all businesses, including franchisors, seeking to survive through this recession. It is imperative that franchisors demonstrate leadership in preserving their franchise systems, but fault lines undoubtedly will emerge. In this environment, much pressure will fall on the shoulders of franchisor's counsel to guide clients to achieve their goals.

    March 26, 2009Erik Wulff
  • Every election campaign produces, among other things, media myths and bad language. During the elections of the last decade, the language was infected by a new myth called spin control. The phrase, which broke a speed record in becoming a clich' after the 1988 election, implies that a good media relations practitioner can control the nature and texture of a story in the press ' can put the right spin on it to get the journalist to tell it the spinner's way.

    March 16, 2009Bruce W. Marcus
  • Every election campaign produces, among other things, media myths and bad language. During the elections of the last decade, the language was infected by a new myth called spin control. The phrase, which broke a speed record in becoming a clich' after the 1988 election, implies that a good media relations practitioner can control the nature and texture of a story in the press ' can put the right spin on it to get the journalist to tell it the spinner's way.

    March 16, 2009Bruce W. Marcus
  • This article explores the boundaries of the follow-the-fortunes doctrine. Does it have any limits? Does a cedent have carte blanche to impose its claims decisions and allocations of claims settlements upon a reinsurer without question? Do the answers to the questions depend upon whether the dispute is before a court or an arbitration panel?

    February 27, 2009John M. Nonna and Victoria L. Melcher
  • An insurer has a duty to defend a claim that is arguably within the policy's coverage. While some courts look solely to the complaint to determine the existence of a duty to defend, other courts consider extrinsic facts. This article discusses the parameters of the duty to defend, and identifies the evidence to be considered in analyzing that duty.

    February 27, 2009Lewis E. Hassett and Jason T. Cummings
  • In a blow for insurers and contrary to the weight of authority in multiple other juridictions, the California Court of Appeals for the Fourth District recently reversed the trial court on its so-called "no stacking rule" and affirmed the trial court in its "all sums" liability allocation.

    February 27, 2009Kim V. Marrkand and Wynter N. Lavier
  • The Patent Reform Act of 2007 may soon be recycled as The Patent Reform Act of 2009 and reintroduced in the new Congress. Should this reform become the law, it is likely that inventors will still invent. The author's fear, however, is that without strong patent law, investors will no longer want to invest in unprotected ideas.

    February 26, 2009Alexander Poltorak