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  • U.S. Supreme Court Denial of Cert Leaves Statute Vague

    This article analyzes the confusion faced by commodity futures traders in assessing whether their trading strategies constitute illegal spoofing and examines whether the CFTC and Seventh Circuit have provided sufficient guidance on the distinction between spoofing and legitimate trading activity.

    June 01, 2018Jodi Misher Peikin and Brent M. Tunis
  • If you listen to the marketplace, you will know what to do in connection with client growth and client retention. Are firms listening to this advice?

    June 01, 2018Jim Durham
  • Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims

    As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.

    June 01, 2018Aaron Cohn
  • Sets Standard that Potentially Relieves Municipalities from Liability for Denying Religious Uses

    The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.

    June 01, 2018Steven M. Silverberg
  • AI solves real challenges and answers real questions that lawyers face every day. It can accomplish or facilitate these tasks more quickly, accurately and efficiently than even the most capable human experts — with the goal of augmenting their skills rather than replacing them.

    June 01, 2018Jeff Reihl and Rick McFarland
  • Part Two of a Two-Part Article

    In Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — United States v. Bajakajian — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.

    June 01, 2018Harry Sandick, Daniel Ruzumna and Jacqueline Bonneau
  • She's Not a Third-Party Beneficiary

    June 01, 2018ssalkin