Features
How §365(n) Can Help Licensees When Licensors File for Bankruptcy
This article seeks to explain the scope of §365(n), then touches upon steps that intellectual property licensees can take to minimize the loss of the use of their licenses, such as those involving copyrights in entertainment content, in the event a licensor files for bankruptcy.
Features
What Does Life Look Like for PR Post-COVID?
There was no shortage of COVID-related PR opportunities having an impact on practice groups across the board, from real estate to bankruptcy to employment and more. This wave started in 2020 and continued well into 2021. Once the pandemic does finally fade from our lives, what will the new normal for legal PR look like?
Features
Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022)
The year started with Portland, Oregon's ban on the use of facial recognition technology by private entities in places of "public" accommodation. It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity.
Features
Tax Implications of Budget Reconciliation Bill
In this two-part article, we look at the proposed tax law changes in the budget reconciliation bill — the major legislation in 2021.
Features
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Features
Update on Bankruptcy Appellate Practice: Part Two — Equitable Mootness
This installment of our appellate practice series reviews recent cases addressing the equitable mootness doctrine. The issue ultimately often turns on whether it is practical and fair for an appellate court to review an appeal on the merits, enabling that court to avoid review altogether.
Features
Cybersecurity and Legal Tech In 2022: Predictions from the Field
It's still a dangerous cyber world as we enter 2022, but one that today's attorneys and legal technologists are prepared to tackle. Here's what they predict for cybersecurity, remote work, privacy and e-discovery in the new year.
Features
Miramax's NFT Suit Over Pulp Fiction
The Miramax film and tv studio, and its lawyers at Proskauer Rose, shook up both the IP and blockchain communities recently when Miramax sued to block film director Quentin Tarantino from selling non-fungible tokens (NFTs) of memorabilia from his 1994 blockbuster movie Pulp Fiction.
Features
Sales Speak: Selling Doesn't Cause Buying
Selling doesn't cause buying. Buying is an internal business process and that process is fast becoming out of sync with the sales training we often push on our lawyers. Our buyers know more than we do about what is really important inside companies when they are looking to hire outside counsel. We must get better at that lest many of our practices become even more commoditized.
Features
Biden Administration Corporate Enforcement Policies More Symbolism than Effective Reform
By undoing some of the higher profile policy changes of the prior administration that many perceived as business-friendly, the current administration has served notice on the business and financial community of a return to practices characteristic of a more aggressive enforcement regime.
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