Features

Conquering Holiday Stress
Attorneys are often expected to manage not only their own emotions surrounding this time of year, but those of others as well. While many people delight in gatherings and celebrations, those within the legal realm must navigate a unique set of challenges, including heavy caseloads, demanding clients and personal holiday commitments. Between stress at work and responsibilities at home, this can seem daunting and, at times, outright overwhelming. To help navigate this season, here are six tips to help conquer holiday stress.
Features

An NDA Is Not a ‘Magic Talisman’ for Trade Secret Protection
An NDA can cover information that would not qualify as a trade secret under state or federal law, and it can provide limited contractual protection to that information. But it is not a “magic talisman” for the protection of intellectual property, and it cannot create trade secret protection where it would not otherwise exist.
Features

The Increase in Artificial Intelligence-Related Securities Class Actions
While the full scope of AI-related legal risks is still developing, both the SEC and FTC have revealed the kinds of AI-related corporate behaviors they consider problematic. The problematic corporate behavior the agencies emphasized the most is “AI Washing” — the practice of making unfounded claims about AI capabilities.
Features

Defining ‘Alter Ego’ and Its Application to Determine Corporate Taxability
Creditors of corporate entities will, at various times, pursue the controlling shareholders to satisfy an undercapitalized corporation’s indebtedness. Following along these lines, when it comes to income taxation, it is always important to be able to identify the proper taxpayer. Alter ego concepts may aid in any such determination, i.e., determining whether a corporation that presumably realizes the income should be taxed, or whether the controlling shareholder realized the income and, therefore, should bear the tax liability.
Features

The Risks of Office-to-Residential Conversions
Office-to-residential conversions present significant challenges to owners and developers that arise from the interrelationship among the regulatory regime, the legal restrictions and requirements of the site and the physical requirements of conversion; the resulting incremental cost of conversions mean that many potential conversions just do not pencil out.
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
Upcoming Event: Copyright Year In Review
CLE sponsored by the Copyright Society of the South, Nashville, TN, Dec. 12, 2024.
Columns & Departments
Development
Department of Environmental Conservation Misapplied Statute
Features

Trump May Dial Back ‘Hyper-Aggressive’ Antitrust Enforcement of Biden Administration
Dealmakers and business leaders should not expect Donald Trump during his second presidential administration to retreat from aggressive antitrust enforcement, but they may see relief from some of the Biden administration enforcement tactics they found especially aggravating.
Columns & Departments
IP News
A look at the latest developments in intellectual property law.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Clause & EffectNet-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement CoverageRead More ›
- Rights and Obligations In Patent LicensesThe owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.Read More ›
- Foreseeability as a Bar to Proof of Patent InfringementThe doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.Read More ›