Features
Pay Proportional to Performance
Pay Proportional to Performance is an important guiding principle underlying good compensation decisions. Individual firms will select different compensable criteria and weigh them according to their specific views. Good judgment will bring the principle alive.
A Firm's Future Depends on Selection of Partners to Serve As Managers
This article describes some approaches for selecting partners to manage administrative and substantive areas of a law firm's practice practice.
Features
IP News
Highlights of the latest intellectual property news from around the country.
The Domestic Industry Requirement at the ITC
The domestic industry requirement at the International Trade Commission has two prongs, one economic and the other technical. Two recent decisions of the ITC examine the economic prong in different factual contexts.
Features
Trademark Issues
The U.S. District Court for the Central District of California recently entered a preliminary injunction against a former franchisee, where the franchisor had repeatedly notified the franchisee of various deficiencies, and the franchisor ultimately terminated the franchise agreement.
What Canada's New Anti-Spam Legislation Means for Franchisors
Canada will soon have the dubious distinction of having what many believe is the most onerous and comprehensive anti-spam legislation in the world. Franchisors' relationships with customers and with their franchisees will be affected.
Features
A Cautionary Tale: Reinsurer's Bad Faith Disavowal of Agreement Leads to Multiple Damages, Attorneys' Fees
Judge Nancy Gertner of the U.S. District Court for the District of Massachusetts recently entered a judgment against a reinsurer, its controlling officer and the reinsurer's intermediary in the amount of $4.1 million for breach of contract, $4.1 million for double damages, $2.6 million for attorneys' fees and $1.6 million for prejudgment interest.
Features
The Calm Before a Storm of Claims: Identifying and Preserving Insurance Coverage for Hurricane Irene-Related Losses
Businesses that have suffered losses because of Hurricane Irene may have substantial financial protection through their insurance policies.
Waging Trademark War Against 'i-Pirates'
Trademark infringers have preyed on the fertile software marketplaces opened by companies like Apple and Google by offering apps for download under names that are identical or confusingly similar to other well-known brand names. There are strategies trademark owners can employ to gain the upper hand in the fight against infringement.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›