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Commercial Law

  • As the ACA continues to be implemented, franchisors and franchisees must be vigilant in understanding whether they are subject to the ACA's mandates, penalties and tax credits. The franchising industry must be sufficiently informed and prepared to manage the uncertainty surrounding both compliance requirements and costs.

    January 31, 2014David Oppenheim and Danielle White
  • As recently as five years ago, law partners charging $1,000 an hour were outliers. Today, four-figure hourly rates for in-demand partners at the most prestigious firms don't raise eyebrows ' and a few top earners are closing in on $2,000 an hour.

    January 31, 2014Karen Sloan
  • Clearly, the attractiveness of each investment type will vary with conditions. So, which is the better investment for the long-term investor?

    January 29, 2014Thomas B. Howard and Michael Geltner
  • This article examines some items that commonly are carved out of blanket liens, either by operation of law or by market practice.

    January 29, 2014Alan M. Christenfeld and Barbara M. Goodstein
  • The U.S. District Court for the Southern District of New York decided that music publisher EMI can keep the rights to the 1934 hit song "Santa Claus Is Coming to Town" for another 25 years.

    December 31, 2013Brendan Pierson
  • Meals and entertainment expenses are generally only 50% deductible, and provided the expenses are ordinary and necessary, have a business purpose and have proper documentation, there should be no issues surviving an IRS audit.

    December 31, 2013Jacob Weichholz
  • The Federal Circuit panel discussed patent exhaustion in light of product claims, citing precedent where "the Supreme Court [has] repeatedly held, in addressing device patents, that the sale of a patented device exhausted the patent-holder's right to exclude, and that an infringement suit would not lie with respect to the subsequent sale or use of the device."

    December 31, 2013J. Gregory Chrisman and Christopher Meta
  • In the last five years, we have heard increasing chatter about the failed business model of law firms, new technology that is erasing the need for lawyers and other information interpreters, and enhanced cognitive systems that mine and interpret data. Let's look at some examples of trends that are leading the way.

    December 31, 2013William C. Cobb
  • Picking the applicable rules, without more, does not identify the administrator that will oversee the arbitration process. An "expertly drafted" clause must identify the rules and the organization or person who will administer the rules.

    December 31, 2013Charles F. Forer