Features

The Curious Persistence of the Six-Factor Trade Secret Test, Part 2
This two-part article discusses the requirements for information to be considered a trade secret under U.S. law, focusing on courts’ continued use of the six-factor test outlined in the Restatement of Torts. Part One covered the evolving tests for establishing a trade secret, while Part Two examines the compatibility of those tests and potential considerations for litigators and legislators.
Features

The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. Significantly, the issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority. Further, another question often addressed is whether there are potentially other nearby properties where the religious use might reasonably locate.
Features

The World of the New Child Performers: Kidfluencers and Social Media Labor Laws
Entertainment and media counsel take note: Among social media influencers, the cool kids on the block are now, well, kids. In today’s digital landscape, children have emerged as a significant force in the world of social media content creation. Often referred to as “kidfluencers,” these youngsters are the subject of creative content ranging from toy reviews to family vlogs, garnering millions of followers and lucrative brand partnerships. Notable kidfluencers have turned childhood activities into multimillion-dollar enterprises.
Features

Third Circuit’s Mootness Debate Avoids Reversal of Confirmation Order
The Third Circuit, in a complicated five-year old case, avoided the merits of two groups of appeals from an order confirming the debtor’s reorganization “Plan.” In In re Boy Scouts of America (BSA), the majority used statutory mootness, while a concurring judge would have used equitable mootness to dodge the issue of nonconsensual third-party releases in the Plan and Confirmation Order.
Features

Navigating the Shifting Terrain of Tariffs and Costs In Commercial Real Estate
With Q2 well underway, the real estate sector faces a uniquely complex economic landscape. Rather than waiting for clarity, industry leaders are shifting from a reactive to strategic approach — adjusting their financial models, planning timelines and investment strategies to remain competitive in a landscape full of variables. The firms that plan best and adapt to the climate are likely to gain an edge.
Features

Patent Policing: Federal Circuit Upholds District Courts’ Inherent Authority to Sanction Party Conduct
In recent decisions, the Federal Circuit affirmed the inherent powers of district courts to investigate and address potential party misconduct in patent litigations, including suspected fraud and bad faith conduct. This article delves into these key cases that upheld district courts’ policing by standing orders or sanctions and underscore the importance of transparency and proper conduct in patent litigation.
Features

Reading the Tea Leaves: Jury Awards $2+ Million for Bigelow’s “Manufactured in the USA 100%” Label
On April 8, 2025, a California jury found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming that some of its teabags were “Manufactured in the USA.” The price for this mislabeling was steep, with the jury awarding the class action plaintiffs $2.36 million.
Features

Navigating The Matrix: Mapping Your Firm's Capabilities in a Complex Legal Landscape
The concept of "The Matrix" has existed for decades in professional services firms, though it represents a relatively new framework within the legal industry. This powerful approach to understanding organizational capabilities and client relationships offers law firms a strategic advantage in today's competitive marketplace.
Features

The 56% Problem: Manual Document Tasks Are Holding Lawyers Back — AI May Be the Solution
A new generation of legal tech, including rapidly advancing AI and AI assistants, is introducing capabilities that don’t just automate individual steps. These tools act as proactive collaborators, intelligently navigating complex documents, surfacing key risks, applying context, and taking action. They’re helping legal teams move from manual to marvelous — and that transformation is happening faster than many realize.
Features

DJK Enterprises: Prepetition Waiver of Automatic Stay In Previously Negotiated Forbearance Is Unenforceable
A recent bankruptcy court decision has added its perspective to an increasingly divergent line of case law scrutinizing the enforceability of a debtor’s prepetition waiver of the automatic stay afforded to it by Section 362(a) of the Bankruptcy Code.
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