Features

Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks
In the U.S. Supreme Court's ruling in Iancu v. Brunetti, Justice Sonia Sotomayor's dissent cautioned that the decision is likely to pave a path to a "coming rush to register [vulgar, profane, or obscene] trademarks." The reasoning stems from the court's majority finding that a portion of 15 U.S.C. §1052 — which had previously prohibited the registering of "immoral" or "scandalous" trademarks — is unconstitutional. Practically speaking, however, this "coming rush" will likely not be the case, even via the entertainment industry.
Features

11th Circuit Sides With Attorney Sued Over Prince Concert Snafu
The U.S. Court of Appeals for the Eleventh Circuit upheld the dismissal of a lawsuit claiming a Florida lawyer failed to follow through on a $75,000 deal to land the late mega-musician Prince for a 2012 gig.
Features

CA Appeal Ct. On Defamation Claims Against Bill Cosby
The California Court of Appeal, Second Appellate District, ruled in favor of actress and former supermodel Janice Dickinson in her 2015 suit against comedian Bill Cosby over comments his then-attorney Marty Singer made to the press.
Columns & Departments
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Former Accountant for W.C. Handy Estate Can Proceed with Defamation Claims Against Estate's Trustee and Lawyer
Features

Legal Tech: Summer 2019 E-Discovery Case Law Review
A review of recent cases involving e-discovery.
Features

'Mixed Messages': DOJ Efforts to Dismiss Qui Tam Actions
Despite the historical trend of reduced government involvement in qui tam actions, the government is sending "mixed messages" regarding its view of FCA relators.
Features

Third Circuit Clarifies Appeal Process in Settlement and Reorganization Plan Disputes
The Third Circuit recently took a "pragmatic approach" when affirming lower court orders denying a stay of bankruptcy settlement distributions pending appeal. After holding that the district court's "stay denial order" was "final" for jurisdictional purposes, it also confirmed "the applicable standard of review" on motions for stays pending appeals.
Features

Litigation Support, E-discovery and the Recovery of Costs
The Data Explosion vs. Recovery Model Stagnation Firms are struggling with a legacy practice of writing off litigation support/e-discovery and related costs but have been challenged to identify and implement recovery models or managed services models that are both acceptable to the firm and to their clients. On top of all of this, many firms simply fail to dispose of the data at the matter closing and costs continue to accumulate year over year. Mattern has launched the first ever e-Discovery and Litigation Support Cost Recovery Survey to gather that needed data to help drive firms' better business decisions.
Features

A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough
Part One of a Two-Part Article This article outlines the basic elements of an SNDA and will explain the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.
Features

Lessor Repossession of Property on Eve of Lessee Bankruptcy
Voluntary Turnover or Face Contempt Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until such time as the debtor seeks, and obtains, an order of turnover.
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