Features
Fair Use, First Sale and Marilyn Monroe
Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?
Features
Outsourcing the Back Office?
Outsourcing is supposed to be the new wave of the future that will fundamentally change the way that law firms provide services to their clients and partners. But is this so?
Features
Defusing the UST Tax Bomb
<b><i>How Lenders and Debtors can Minimize UST Fees and Maximize Creditor Recoveries</b></i><p>As predicted in the first part of this article (May, 2018), the new United States Trustee (UST) fee has had a disproportionate effect on middle-market, high-velocity cash flow companies. The best solution is for Congress to revisit the fee structure and refine it to reflect the realities of particular cases and the actual burden on the UST.
Features
Law Firm Leaderships' Biggest Challenge: Equality of Outcome
<b><i>Aggressive Poaching In the Market Is Forcing Leadership to Contend With the Delicate Balance of Equality, Culture and Compensation In their Firms</b></i><p>Many leaders are no longer focused just on business development but are also trying to figure out how to continue making money and structure their firms in a way that allows them to spend the requisite money to pay top talent.
Features
Warner Media Implements New Inclusion Policy
It seems fitting that a new movie that highlights racism and inequity in the American prison system is the first Hollywood production to apply a policy aimed at increasing diversity and inclusion both in front of and behind the camera.
Columns & Departments
Real Property Law
Neighborhood Garden Users May Establish Adverse Possession Claim<br>Purchaser Entitled to Return of Down Payment Upon Revocation of Mortgage Commitment After Expiration of Contingency Period<br>Law Firm Not Liable to Non-Client for Turnover of Escrow Funds<br>Law Firm Not Exempt From Claim Under RPL 265-B<br>Presumption of Due Execution Rebutted<br>Title Insurance Regulation Annulled
Features
Cybersecurity and Email
In the legal community, professionals have embraced email. However, as increasing concerns and regulations around data security continue to evolve, the future of digital communication via email may not meet the more stringent requirements.
Features
Non-Traditional Trademarks: The Elusiveness of Branding a Trend
A look at several unique trademark cases where the plaintiff fashion brand proactively sought to invalidate a competitor's non-traditional trademarks, an action which reflects a push back on increasingly aggressive litigation tactics by fashion brands seeking to blur the lines between a non-protectable fashion trend and a protectable trademark.
Features
Stretching the Limitations Period in White-Collar Criminal Matters
<b><i>Part Two of a Two-Part Article</b></i><p>Though they might seem straightforward on their faces, limitations periods are often elongated by legislation or court interpretation. The authors began looking at some of these exceptions to the stated limitations periods last month in Part One of this article. They continue here with further examples.
Features
Eleventh Circuit Strengthens Creditor's Defense to Preference Claim
A defendant creditor in a preference suit may offset 1) the amount of later “new value” it sold to the Chapter 11 debtor against 2) the debtor's earlier preferential payment to the creditor, the U.S. Court of Appeals for the Eleventh Circuit recently held.
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