Features
Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Law
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
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
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.
Columns & Departments
Co-ops & Condominiums
Merger Doctrine Precludes Unit Owner's Action Against Sponsor
Columns & Departments
Landlord & Tenant
Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act
Columns & Departments
Real Property Law
Statute of Limitations Does Not Bar Foreclosure<br>Mortgage on Church Property Not Properly Authorized<br>Sale Contract Precludes Fraud Claim<br>Seller's Representations Did Not Survive Closing<br>Foreclosure Action Time Barred<br>Mortgagor Fails to Establish Forgery<br>Mortgagee May Bring Action on Promissory Note; Not Limited to Foreclosure Remedy<br>Summary Judgment Denied In Action to Set Aside a Deed for Fraud
Features
Key Ways to Avoid Negative Publicity
Marketing professionals have a responsibility to do their best to protect the brands of their employers. And part of that responsibility means avoiding, limiting or addressing, to the extent possible, any negative or damaging publicity. While there are nuances within each industry that determine what can and can't be done in this effort, there are some universal strategies I think work well.
Features
Competitive Intelligence: What Is Your Dashboard Report Telling You? Chances Are, Not Much.
Until recently, most law firms operated with a cadre of legacy operating systems, financial platforms and reporting technologies from different manufacturers that have no mechanism for connecting with each other, let alone automatically extracting and updating data points between systems. The disparate nature of these technologies has exacerbated the struggle to leverage data and display results in a reporting mechanism that helps direct the firm's decision-making.
Features
Leadership In Law: Leadership for the Strong
Law firms have many leaders. Yet in many cases, no formal leadership training takes place, leaving others in their groups or offices performing at less than optimal levels and on their own to get the job done often feeling pressured and stressed. Here are some tips to help partners who lead operational teams, offices, practices, departments, or the firm itself, to implement for leadership impact that books and professors don't seem to directly address.
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