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Features

How to Avoid the Claim Cap Becoming a 'Claim Trap' Image

How to Avoid the Claim Cap Becoming a 'Claim Trap'

Sherry Millman & Genna Grossman

Commercial landlords should consider the steps they can take when drafting and negotiating their commercial leases to minimize the adverse impact of the claim cap in the event of a tenant bankruptcy and ensuing lease rejection.

Features

Using Emotional Quotient to Help Lawyers Optimize Leadership and Business Development Potential Image

Using Emotional Quotient to Help Lawyers Optimize Leadership and Business Development Potential

Sheryl Odentz

The role of emotional intelligence, also known as EQ, Emotional Quotient, is critical to the success of lawyers who are leaders in their firms. EQ can be defined as skills people use to manage their own emotions wisely, to maximize their chances of influencing others constructively, and achieve their goals. Having high emotional intelligence helps professionals build stronger relationships, reduce stress, defuse conflict, and improve job satisfaction.

Features

Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case Image

Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case

Eric Alan Stone & Catherine Nyarady

In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider "the meaning of the accused work where it 'recognizably deriv[es] from' its source material." The case may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.

Columns & Departments

Players On the Move Image

Players On the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

Fifth Circuit Weighs In on Scope of Releases and Exculpation Image

Fifth Circuit Weighs In on Scope of Releases and Exculpation

Francis J. Lawall & Nathaniel T. DeLoatch

In an important recent U.S. Court of Appeals for the Fifth Circuit decision, the court explored whether exculpation provisions protecting more than just the debtor and committee are appropriate.

Features

Former SEC Lawyers Dominate Payouts Under Agency's Whistleblower Program, Study Finds Image

Former SEC Lawyers Dominate Payouts Under Agency's Whistleblower Program, Study Finds

Andrew Goudsward

The U.S. Securities and Exchange Commission's widely hailed whistleblower program has paid millions in recent years to former SEC lawyers who have come to dominate the market for representing tipsters seeking payouts through the program, a new study found.

Features

Small Business Tenants: Know Thy Lease Image

Small Business Tenants: Know Thy Lease

Chad Van Horn

Many landlords are loyal to their tenants and only increase rates at the end of the current lease. Others take a more aggressive approach. They actively find creative ways using lease restrictions to evict tenants. While this isn't necessarily fair, it is legal.

Features

Law Firms Loosening Mandatory Retirement Rules Creates Challenges With Younger Lawyers Image

Law Firms Loosening Mandatory Retirement Rules Creates Challenges With Younger Lawyers

Patrick Smith

Mandatory retirement policies have dogged Big Law for decades, creating partnership tensions and fractures in some law firm client relationships. But more law firms are beginning to loosen their retirement policies, analysts say, even when it creates more challenges with younger generations of lawyers.

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Federal Circuit: Trade Dress Imitation In the Ninth Circuit

Columns & Departments

Upcoming Event Image

Upcoming Event

ssalkin

TexasBarCLE 32nd Annual Entertainment Law Institute

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