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Features

All Is Not Fair In Love and Warhol Image

All Is Not Fair In Love and Warhol

Jonathan Moskin

A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this "troublesome" area remains to be seen.

Features

Law Firms Saw Moderate Revenue Growth In Q1 Despite Challenging Demand Environment Image

Law Firms Saw Moderate Revenue Growth In Q1 Despite Challenging Demand Environment

Gloria Gomez-O'Rourke & Mike McKenney

Strong inventory levels at the end of 2022 helped the law firm industry post moderate average revenue growth during the first quarter of 2023, though the demand environment remains challenging for law firms.

Features

5 Most Commonly Required Guaranties In Commercial Real Estate Loans Image

5 Most Commonly Required Guaranties In Commercial Real Estate Loans

Peter E. Fisch & Salvatore Gogliormella

In general, commercial real estate loans are non-recourse in nature and the lenders ultimately look to their collateral for the satisfaction of the borrowers' obligations if the loan goes into default. However, lenders typically require guaranties from individuals or entities, making the guarantors personally liable for certain obligations.

Features

Will Section 230 Protect AI Chatbots? Image

Will Section 230 Protect AI Chatbots?

Cassandre Coyer

The lack of answers from the Supreme Court regarding the scope of Section 230 of the 1996 Communications Decency Act comes at a time when legal questions around generative AI are mushrooming.

Features

ITC General Exclusion Orders Targeting All Importers Are On the Rise Image

ITC General Exclusion Orders Targeting All Importers Are On the Rise

Daniel Muino, Brian Busey & Nomin-Erdene Jagdagdorj

In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For importers of products potentially implicated by a requested GEO, the GEO can be a major threat even if the importer is not a respondent in the case.

Features

Generative AI and Patent Considerations Image

Generative AI and Patent Considerations

James W. Soong

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.

Features

Lease Terminations As Fraudulent Transfers Image

Lease Terminations As Fraudulent Transfers

Michael L. Cook

Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.

Features

IP Considerations for ITC General Exclusion Orders Image

IP Considerations for ITC General Exclusion Orders

Daniel Muino, Brian Busey & Nomin-Erdene Jagdagdorj

In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Features

Client Development Through Law Firm Health & Hygiene: A Practical Guide Image

Client Development Through Law Firm Health & Hygiene: A Practical Guide

Alex Geisler

Your clients are what they are, clients. The idea that they can be turned into bigger clients by you developing them is a myth. If you need to develop yourself to make your clients bigger — such that they send you more of their business more often — how do you go about it?

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