Features

How the U.S.-China Trade War Effects IP Strategy
The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
Features

D&O Policy 'Bankruptcy Exclusion' Held To Be an Unenforceable 'Ipso Facto' Clause
The new decision is significant because lawsuits against former (and current) officers and directors of debtors commonly are brought, as here, by trusts established under plans of reorganization. Because insurance policies often are the only viable source of recovery for the claims asserted in such lawsuits, this decision potentially opens a pathway to creditor recovery in other similar matters.
Features

New Study Shows Which States Lead in Privacy Protection Laws
General counsel who navigate the mishmash of state privacy laws may relate to a new study showing that individual U.S. states' privacy statutes are spread across a broad spectrum.
Columns & Departments
Players on the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
Real Property Law
Former Owners Not Entitled to Surplus from Tax Foreclosure Sale Joint Tenants Need Not Own Equal Interests Fraud Action Not Premature Merely Because Truth of Representations Are the Subject of Pending Proceedings Transferee from Incapacitated Person's Attorney-In-Fact Not A Bona Fide Purchaser
Features

SEC's Reboot on Waiver Requests in Enforcement Settlements
SEC Chairman Jay Clayton recently announced a change in how the SEC will consider requests for waivers of certain serious collateral consequences that would otherwise result from settlement of an SEC enforcement action. These collateral consequences, often referred to as "bad actor" or "bad boy" provisions, can vary greatly and may disqualify an entity from conducting certain business or utilizing certain means to offer securities.
Features

Competitive Intelligence: Assumptions and CI Don't Mix
Sometimes I assume my clients know what I can do for them and what they should ask for. You all have heard the old adage about what happens when you assume. I still laugh when I think of my elementary teacher saying it, but It's such a basic idea, and applies in so many situations. Here are just a few of which I've been reminded.
Features

Preparing the Next Generation of Lawyer Leaders
A new crop of leaders is gearing up to take the helm. Like their brethren before them, they have little in the way of formal experience or training for the roles they are about to inherit.
Columns & Departments
Bit Parts
Sixth Circuit Agrees Non-Party Interview Quotes Are Inadmissible Hearsay for Purpose of Establishing Direct Evidence of Copying in Infringement Case over Classic Rock Song "Gimme Some Lovin'" Transformative Use Defense Defeats Hard Rock Hamilton Persona Suit over Gears of War Character
Features

Sales Speak: Five Ways to Start a Business Development Streak
Since business development is often comprised of a series of incremental efforts that generate momentum, embrace the idea of connecting daily streaks to obtain results.
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 Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›