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Features

Voice of the Client: 9 Ways You Could Be Hindering New Business Efforts Image

Voice of the Client: 9 Ways You Could Be Hindering New Business Efforts

Mike Mellor

Nine ways you may be hindering your efforts to win new legal business, and a few ideas on how subtle improvements can maximize both success and overall win rates for firms and attorneys.

Features

Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment Image

Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment

Peter Kidd

Iancu v. Brunetti The Supreme Court held the bar against registration of immoral or scandalous marks "collided" with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

ssalkin

Award of Contingent Attorney's Fees

Features

Trustee Litigation Trend: Tuition Clawback Image

Trustee Litigation Trend: Tuition Clawback

Theresa A. Driscoll

With increasing frequency, Chapter 7 trustees are looking to insolvent parents as well as colleges and universities to avoid and recover for estate creditors payments made by insolvent debtors for the benefit of the debtors' dependents. These cases are premised on the theory that the tuition payments being made by insolvent parents for the benefit of their children are avoidable as constructively fraudulent transfers because the parents do not receive reasonably equivalent value in exchange for the payment of such tuition. Courts are divided as to whether the payment of a child's tuition provides reasonably equivalent value to the insolvent parents.

Features

9 Ways You Could Be Hindering New Business Efforts Image

9 Ways You Could Be Hindering New Business Efforts

Mike Mellor

Nine ways you may be hindering your efforts to win new legal business, and a few ideas on how subtle improvements can maximize both success and overall win rates for firms and attorneys.

Columns & Departments

Players on the Move Image

Players on the Move

ssalkin

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

Sales Speak: Relationship Building: Systemizing Prospect Engagement Image

Sales Speak: Relationship Building: Systemizing Prospect Engagement

Jennifer Bettencourt

Building rapport with prospective or existing clients and referral sources requires intentional ongoing communication and patience. When relationships fail to progress, it is most often due to a lack of follow-up.

Features

Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Law Image

Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Law

Charles A. Cartagena-Ortiz

The U.S. Supreme Court issued its long-awaited decision in <i>Mission Product Holdings, Inc. v. Tempnology </i>, ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.

Features

Civil Contempt for Discharge Injunction Violations: A New Standard That Brings the 'Old Soil' with It Image

Civil Contempt for Discharge Injunction Violations: A New Standard That Brings the 'Old Soil' with It

Stephanie Lieb & Dana Robbins

In its recent opinion in <i>Taggart v. Lorenzen,</i> the Supreme Court decided that “[a] court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor's conduct.” Although this standard appears to be new, it is more than a century old and “brings the old soil” from civil contempt with it.

Features

Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable Image

Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable

Joshua Kopelowitz & Richard Corde

This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.

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