Commercial Law

Features

A new survey of law firm leaders reveals that partners at a majority of the firms don't have enough work, and that demand for legal services is lagging behind pre-recession levels. Yet, despite this gloomy assessment, law firm leaders report that their partners are resistant to change.

Features

On May 26, coming less than two months after the Article 29 Working Party rebuke of the Privacy Shield, the EU parliament voted 501 to 119 on a resolution calling for negotiations on the agreement to continue. Its criticisms of the text echoed that of the Working Party, namely the Privacy Shield's insufficiency in dealing with U.S. mass surveillance, protecting EU individual data rights and protections, and effectively enforcing its regulations.

Features

Recently, the Seventh Circuit held that a lender who should have discovered that its borrower lacked authority to pledge assets is not protected by a good-faith defense to a fraudulent transfer action. Without this defense, the lender lost its security. Should the priority of the lender's claim should be further reduced through equitable subordination?

Features

A federal appeals court in Washington on June 14 upheld expansive federal regulations that require broadband internet providers to treat Internet traffic equally regardless of its source.

Features

The Federal Circuit decision in Medtronic highlights the tension faced by alleged patent infringers, who must balance invalidity issues where a broad construction is desirable, against non-infringement issues, where narrow constructions are desired.

Features

June 23's verdict for Led Zeppelin in the copyright trial over the 1971 hit song 'Stairway to Heaven' reaffirms the creative rights of songwriters while demonstrating the difficulties in pursuing infringement over sheet music, according to legal experts following the case.

Features

In the last 10 years, I have coached hundreds of attorneys as an internal career coach at Holland & Knight. Some of those associates left law entirely and are now writing novels, playing professional baseball, and flying airplanes. Others have gone in-house or to work for the government. Many of the associates have become non-equity partners, and some are equity partners. Here are some things I have learned about the ones who aim for partnership in a large firm.

Features

After years of discussion, Congress recently enacted federal legislation establishing a private right of action for misappropriation of trade secrets, vesting the federal courts with original jurisdiction over the litigation of such claims. After signaling his support for some time, the President signed the bill into law May 11.