Features
WTF? The Board Weighs In on Failure to Function Refusals
Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.
Features
Are You Stuck With the Hasty Tech Decisions Made In Crisis Mode?
In March 2020 and the months immediately following, many firms found themselves scrambling to implement tools that would meet the needs of new remote work realities. Understandably, many of these decisions were done quickly without the normal level of due diligence. Now, the same firms are realizing that those hasty, though necessary, decisions should be revisited or undone.
Features
Criminal Considerations and Federal Authorities In Trade Secrets Disputes
Part Two of a Three-Part Series Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft.
Features
Specific Performance Clause May Not Be Enforced In Sale-Leasebacks
Specific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.
Features
Why Your Law Firm Should Be Investing In SEO and PPC
Search engine optimization (SEO) and pay-per-click advertising (PPC) are extremely beneficial digital marketing strategies your law firm can capitalize on. The question you may be asking yourself now is whether you should invest your marketing dollars in SEO, PPC or both.
Features
Gender Pay Gap Widening Among Senior Marketing Professionals
A study by ALM Intelligence on the compensation of marketing and business development professionals in the legal profession found that salaries and bonuses for first-chair directors and C-suite personnel have soared over the last several years, but that the increases favored males and widened the pay gap between men and women in those roles.
Features
White Collar Crime and Professional Liability Policies
Professional liability insurance policies may provide coverage for criminal proceedings, including defense costs incurred defending against criminal indictments. Corporate policyholders, and individuals covered under professional liability policies, should know exactly what type of claims are insured.
Features
Bit Parts
Florida Federal Court's Findings in Battle Over "LINEAR" Band Name Not So Linear Second Circuit Agrees Federal Copyright Law Preempts Right of Publicity Complaint Over Sirius XM's Use of Howard Stern Show Archival Recordings
Columns & Departments
Real Property Law
Foreclosure Sale Purchaser Has Standing to Bring Strict Foreclosure Proceeding Forgery Allegations Did Not Raise Question of Fact to Rebut Certificate of Acknowledgment
Features
Sixth Circuit Adds Results-Based Contingency to Fee Payment Approval
A recent decision from the U.S. Court of Appeals for the Sixth Circuit may be creating a tsunami of concern to those that represent bankruptcy trustees. The decision, in essence, takes an hourly fee arrangement between the trustee and the trustee's attorneys and adds a results-based contingency to the approval of any fee payment authorization by the bankruptcy court.
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