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Commercial Law

  • Unless you are deaf to the present realities in today's legal marketplace, you now hear the steady drumbeat of client-focused legal service delivery: a persistent rhythm driving you toward Legal Project Management (LPM). Clients are insisting that firms price and deliver services that fit their tolerance for risk, produce excellent results and keep the work within budget ' all in the most efficient manner.

    May 02, 2015Keith Lipman
  • Now that the personal tax return deadline has passed, it might be a good time to consider your company's tax needs. Counsel at a Fortune 500 company recently told a colleague of ours that all of their tax matters are handled entirely outside of the legal department. This arrangement is not good. Corporate counsel and accountants must work together to bring the full measure of the company's resources to bear on tax-related issues.

    May 02, 2015Kevin Oldham and Drew McEwen
  • A lawsuit over a law firm's foreclosure practices on behalf of Bank of America has been revived by the Third Circuit. But while the appeals court revived the plaintiff's federal claims, it upheld the dismissal of the state law claims after it predicted how the Pennsylvania Supreme Court would rule on the issue.

    May 02, 2015Saranac Hale Spencer
  • The U.S. Supreme Court, in B&B Hardware, Inc. v. Hargis Industries, concluded that a TTAB finding of likelihood of confusion can have preclusive effect in a later infringement litigation.

    May 02, 2015Jonathan Moskin
  • Customers in the United States often pay more for valued branded goods than buyers of the same goods in less well-developed economies. Higher prices here in the U.S. in turn support profits and shareholder value for manufacturers of branded goods, and strengthen domestic industry.Yet this pricing disparity for the same products in different markets creates an incentive for the so-called grey market.

    May 02, 2015Lyle Vander Schaaf
  • Much ink has been spilled in recent years about information security, hacker exploits and hardware and software products used to thwart hackers. Not a single day goes by without news pertaining to the discovery of vulnerabilities in the software we use and cherish, and to hacker exploits affecting the companies we use in our daily lives.

    May 02, 2015Michel Sahyoun
  • If you took a snapshot of all the laws and regulations governing franchising in the United States in 1979, and then took another snapshot of all the laws and regulations governing franchising today, you would find them very similar. While the rest of the world, including franchising, has been dynamic and constantly changing, franchise regulation has been, essentially, static.

    May 02, 2015Rupert Barkoff