Squaring Off: The Right of Publicity v. The First Amendment
Recently, two incidents involving one of the world's most famous couples, President Barack Obama and First Lady Michelle Obama, once again brought the focus onto right of publicity issues, as well as potential First Amendment defenses to right of publicity claims.
Braving Tempestuous Times: Hell-or-High-Water Obligations Maintain Their Viability Despite Leasing Scams and a Troubled Economy
Part One of this Article discussed the impact of some of the recent NorVergence cases on the viability of hell-or-high-water obligations for third-party financing of lease obligations. This second installment discusses the effect of several other cases on the financing of hell-or-high-water lease obligations and accounts receivable obligations in a decade marked by credit crisis and financial fraud, and provides some practical strategies to assure wary funding sources that hell-or-high-water obligations will remain a viable route for navigating treacherous economic seas.
Rule B: Good Riddance to Maritime Pre-judgment Attachments of EFTs
While those who made a living prosecuting (and defending) Rule B attachments have to be disappointed by <i>The Shipping Corporation of India, Ltd., v. Jaldhi Oversees Pte. Ltd.</i>, the commercial bar generally and participants in international trade, including generally equipment lessors (<i>e.g.,</i> marine cargo container lessors), are grateful for the decision.
Features
Taxpayer Suffers SILO (Pre-tax) Loss in Wells Fargo
In <i>Wells Fargo & 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
What is work? When does the workday begin and end? These seemingly easy questions are not so easy anymore. Here's why.
Achieving Law Firm e-Mail Utopia
Most firms have made no dedicated effort to address e-mail management outside of technology considerations. The following recommendations assume that the firm has a viable repository for e-mails where they can be easily moved in their native format. Firms must focus on development of policies and procedures, modes of enforcement and educational programs to address e-mail management.
Going Out on Your Own?
The economic turmoil of the past two years has had a dramatic impact on those of us who chose a career in the private practice of law. For many attorneys, these conditions have created an ideal time to strike out on their own and fulfill a dream of becoming a solo practitioner. For others, substantial layoffs at large firms and hiring freezes throughout the legal profession have teamed up to leave them with no other choice but to make a go of hanging out their own shingle.
Outlook Tips, Tricks and Gotchas
While my usual columns tend to contain a single topic, covered with a semblance of depth, this article is more of a rapid-fire approach to some helpful tips and "gotchas" in Outlook.
Microsoft Word 2007 'Track Changes' and 'Compare'
With Word 2007, firms now have a viable option to lower their desktop software costs by foregoing the investment in outside the application document comparison products. Word 2007 now provides many features that were either poorly designed or absent in previous versions.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›