Features

Mail and Wire Fraud Post 'Kelly v. United States'
This article discusses the holding by the U.S. Supreme Court Kelly v. U.S. and explains its impact on subsequent cases and concludes with a discussion of the "right to control" theory of mail and wire fraud, which has been challenged in light of the Kelly decision.
Features

Due Diligence Can Mitigate Trademark Risk
How can one launching a new trademark mitigate the risk of rejection or infringement on the basis of likelihood of confusion with an existing mark? The primary strategy is trademark searching.
Features

How to Obtain Subpoenas for Identifying ISP Users
This article focuses on a recent federal court decision, to explain how the well-developed law provides plaintiffs asserting a wide range of claims with the ability to proceed while protecting ISPs and, correspondingly, how it ultimately means that defendants who otherwise could remain anonymous may have to defend themselves in court.
Features

Tax Implications of Budget Reconciliation Bill
Part Two of a Two-Part Article This installment discusses how to use benefit laws that have been on the books for over 30 years to fund not only death benefits but also alternatives to deferred compensation for business and estate planning purposes for pass-through entities.
Features

Anti-Bullying and Corporate Responsibility
As boards implement anti-bullying policies to protect against a toxic management-to-employee workplace environment, they should also consider extending similar protection to the vital interactions between the general counsel and the CEO.
Features

Strategies and Drafting Techniques for Loan Workouts and Enforcement In 2022
A series of strategies and drafting techniques relevant to commercial real estate loan workouts and enforcement. This article isn't a "how-to" primer on loan enforcement or restructuring the distressed loan, it identifies some of the current solutions and insights that have been observed, implemented and proposed during this pandemic-impacted workout cycle.
Features

Change In ADR Provider at Issue In Event-Ticketing Fees Litigation
A new antitrust complaint over ticketing fees has been filed in the U.S. District Court for the Central District of California against Live Nation Entertainment Inc. and Ticketmaster. The plaintiffs in the newly filed suit are challenging Ticketmaster's new arbitration agreement by claiming its protocols for mass arbitrations, laid out in the rules and procedures posted to its website, require "a novel and one-sided process that is tailored to disadvantage consumers."
Features

Sales Enablement: The Next Big Thing In Legal Services?
Sales enablement is how law firms can take control of their business development and marketing processes and improve the effectiveness of their revenue growth initiatives.
Features

Update on Bankruptcy Appellate Practice Part Three — Finality
This installment of our appellate practice series reviews recent cases addressing the appellate jurisdiction of district courts and the courts of appeals, referred to as the "finality" doctrine.
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