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Authority to File Chapter 11: A Matter of Contract or Public Policy?
Steven B. Smith
&
Rachel Ginzburg
If you think public policy favoring the freedom to file a Chapter 11 trumps the freedom to negotiate specific restrictions to such a filing, think again.
Features
Newberg, McCabe, Carson Will Preside Over Copyright Claims Board
Scott Graham
The U.S. Copyright Office has found some big names for its Copyright Claims Board.
Features
Biometric Law Litigation Expands Beyond Social Media
Shari Claire Lewis
Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.
Features
Understanding Your Clients' Changing Needs In a Post-Pandemic Legal Market
Marci Krufka Taylor
If it was challenging to get facetime with clients pre-pandemic, that challenge has only multiplied in the post-pandemic world. As firms look for creative ways to reconnect with clients, client interviews and surveys have become more important than ever for ensuring client satisfaction, loyalty and profitability.
Columns & Departments
Bit Parts
Stan Soocher
N.Y. Federal Court Rules State's Anti-SLAPP Statute Doesn't Apply in Federal Court Lawsuits
Features
Beyond Se Habla Español: Insights Into Selling to the Expanding Hispanic Market
Natalie Fragkouli
&
Liel Levy
Law firms frequently lack the appropriate marketing strategies to engage the growing U.S. Hispanic population. The lack of a cohesive strategy poses a risk to a law firm's current and future growth potential. This article explores practical insights for law firms that want to serve this rapidly expanding market.
Features
Emojis and E-Discovery
Philip Favro
Emojis are an important aspect of everyday communication in 2021. Given their ubiquity, there should be little surprise that emojis have become a key source of evidence in civil and criminal cases.
Features
How Will Courts Determine Business Expense Legitimacy Under SEC's New Disgorgement Authority?
Jorge deNeve, Michael Simeone
&
David Cohen
Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.
Features
U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation
Robert W. Clarida
&
Robert J. Bernstein
The U.S. Supreme Court granted certiorari in Unicolors v. H&M Hennes & Mauritz to address the following question: "Did the Ninth Circuit err in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?"
Features
Professional Development: Training the New Crop of Incoming Associates
Sharon Meit Abrahams
Young lawyers do not learn to practice law in school. They are missing practical application of the law. This must be taught by senior lawyers. The following is a step-by-step guide for attorneys who finds themselves responsible for training new lawyers.
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MOST POPULAR STORIES
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›