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Commercial Law

  • Consumers, particularly online shoppers, are constantly looking for a discount. Given that "nobody pays retail anymore," online retailers are facing increased challenges when comparing their own discounted prices to original or suggested retail prices. As a result, retailers are being accused with greater frequency of exaggerating discounts in comparison to inflated original prices.

    July 01, 2016Andrew B. Lustigman and Scott A. Shaffer
  • Banks that provide financing for commercial tenants and the real estate landlords for those same tenants both want additional security in the tenant's personal property located at the premises. This article provides a discussion of the varied interests of the landlord and the tenant's lender in the tenant's personal property, along with suggested compromise solutions.

    July 01, 2016John G. Kelly
  • Issuing its second decision in Supap Kirtsaeng's long-standing dispute with John Wiley & Sons ' and its first copyright decision in nearly two years ' the SCOTUS recently clarified the applicable standard for evaluating the appropriateness of an attorney's fee award under Section 505 of the Copyright Act, holding that a district court should give substantial weight to the objective reasonableness of the losing party's position, while also taking into consideration all other circumstances relevant to the attorney's fees inquiry.

    July 01, 2016James A. Trigg and Sabina Vayner
  • It is no surprise to anyone that certain industries are more of a target for cyber criminals than others, although today all businesses are likely on the radar. The financial institutions and large retailers usually get most of the attention. However, four industries are high-value targets, and lag behind the preparation curve: hospitality, healthcare, higher education and legal.

    July 01, 2016Collin Hite
  • Transactional attorneys involved in negotiating commercial leases, construction contracts, or any contract in which one party requires the other party to provide insurance against personal injury or property damage should have a good understanding of the new "additional insured" form endorsement to a Commercial General Liability (CGL) insurance policy.

    July 01, 2016Jason L. Shaw
  • Federal Circuit Remands PTAB Decision Due to Claim Construction Change
    Supreme Court Restricts Challenges to PTAB's Institution Decisions and Upholds Broadest Reasonable Interpretation Standard in IPR Proceedings

    July 01, 2016Jeffrey S. Ginsberg and David Cooperberg
  • Here's the premise: The cloud is a fundamental technology solution option that truly solves all kinds of law firm business and legal IT challenges including innovation, security, governance, global availability, etc. Modern law firms want the efficiency, the security and the global access of the cloud, while satisfying the security demands of their clients.

    July 01, 2016Alvin Tedjamulia
  • Even if a foreign athlete or entertainer has spent "too many" days in the United States and satisfies the "substantial presence test" (i.e., the individual's weighted sum of days over a three-year period is at least 183 days), there are two important ways in which the individual might nevertheless be treated as a nonresident, rather than a resident, alien.

    July 01, 2016Robert M. Jason