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
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Structuring Strategies for Off-Balance-Sheet Treatment of Real Property LeasesThe Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›