The U.S. Court of Appeals for the Second Circuit has held that the sale of products lacking a unique serial number applied by a brand owner for anticounterfeiting and quality control purposes constitutes trademark infringement under federal law. This is so even if the removal of the code does not cause physical damage to an otherwise genuine product and consumers are not aware that the code has been removed.
This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions: choice-of-law, forum selection, venue, jury trial waiver and attorney's fees.
Many smart companies and professional firms are betting that training and coaching the next generation in leadership skills will help them through the recovery period and give them an edge when competitors start building again. Now is the time to focus on generational leadership development.
Online networking is no substitute for face-to-face business development meetings. An online presence will make it easy to contact you, showcase your knowledge, help meet potential clients and generate leads. But the goal of online networking is to meet with a contact in person.
Many marketing professionals with whom the author has spoken have no doubt that quality work, while clearly essential, will not cause a firm to stand out from the competition ' but that quality service will. Is this still true?
If your outlook on everyday business communications is heavily influenced by, well, Microsoft Outlook, then there's a good chance you've wished at one point or another that you could tweak the software to make it serve your needs more efficiently. The good news is that you can.
Thinking of law school as an assured meal ticket or as simply a safe harbor in which to weather the economic storm is probably not appropriate in today's world, particularly given the substantial debt that law students typically incur in order to pay for their education," notes a prominent law school dean.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.
That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
