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Three's a Crowd? Image

Three's a Crowd?

Robert J. Ambrogi

Is there room in the legal market for a third high-end legal research service? That is the question as Bloomberg, a company known for its financial news, attempts to muscle in on the turf now occupied by Westlaw and LexisNexis. In December, it officially launched Bloomberg Law.

Features

Ticketmaster Lead Counsel on Live Nation Merger Issues Image

Ticketmaster Lead Counsel on Live Nation Merger Issues

Amanda Bronstad

The proposed merger between Ticketmaster Entertainment Inc. and Live Nation Inc. won Justice Department approval in January 2010, following a year of negotiations. Steven Sletten of Gibson, Dunn & Crutcher counseled Ticketmaster. In an interview, Sletten stated that he prepared his client to face a tough audience, both at the Justice Department and in the court of public opinion.

Features

Trademark Dilution: When 'Minimally Similar' May Be Similar Enough Image

Trademark Dilution: When 'Minimally Similar' May Be Similar Enough

Michael A. Bucci

In <i>Starbucks Corp. v. Wolfe's Borough Coffee, Inc.</i>, the Second Circuit rejected the district court's determination &mdash; based on pre-TDRA case law &mdash; that trademark owners must show "substantial similarity" between the trademarks at issue in order to prevail on a dilution by blurring claim under the TDRA. Citing the language of the TDRA, the appellate court found that the new statute required only "similarity," and that even "minimal similarity" could, in the proper case, suffice to support a claim.

Features

Expansion of Right of Publicity Continues To Create Tensions with First Amendment Image

Expansion of Right of Publicity Continues To Create Tensions with First Amendment

William Sloan Coats & Jennifer P. Gossain

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 Image

Taxpayer Suffers SILO (Pre-tax) Loss in Wells Fargo

Philip H. Spector

In <i>Wells Fargo &amp; 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 Image

Managing the Compensable Workday in a New Electronic World

Christopher A. Parlo & Michael J. PumaManaging 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 Image

Gross Leasable Area and Excluded Area

Glenn A. Browne

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. Image

In the Spotlight: Islamic Finance and Its Impact on Leasing Transactions in the U.S.

David G. Williams

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 Image

Market Value for Property Tax Purposes in a Recessionary Market

JoAnn H. Maloney

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 Image

Substantial Contribution Claims

Steven B. Smith & Jennifer A. Muller

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.

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