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Features
A recent Massachusetts case reminds practitioners of a number of important considerations in planning for trusts to minimize the risks of their being breached in a matrimonial action. Several suggestions on how practitioners might be able to mitigate these risks, even for existing trusts, are included in this article.
Features
<I>The Wall Street Journal's</I> recent front-page headline on billing rates tells only part of the story. "Legal Fees Cross New Mark: $1,500 an Hour," the Feb. 9 article announced before listing partner hourly rates at several big firms. But that's only part of the story.
Features
Chief Justice John Roberts recently said that the new amendments to the Federal Rules of Civil Procedure should "achieve the goal of Rule 1 ' 'the just, speedy, and inexpensive determination of every action and proceeding' ' only if the entire legal community, including the bench, bar, and legal academy, step up to the challenge of making real change."
Features
Despite appearing to accept that rapid and ongoing market change is here to stay, firms, and their leaders, have responded with change efforts that can largely be described as limited and reactive short-term solutions. Why?
Features
Ask lawyers what they find EXCITING about selling (it is okay to use the "sales" word) and most will say winning, followed closely by developing new relationships. On the flipside, they fear rejection and failure. Add risk aversion and low resilience to the mix and business development can feel daunting.
Features
At the end of 2015, Congress passed, as part of a large tax extender bill, the Protecting Americans from Tax Hikes Act (PATH), an extension of '181 of the Internal Revenue Code. Section 181 has been available since 2004 to permit expedited deduction of the costs of a film or TV production. Since inception, this has had several sunset provisions, each of which was extended as part of year-end extender bills. The latest for the first time has extended the availability of '181 treatment to live stage productions.
Features
Covenants not to compete are not the favorites of courts. Enforcement of such restrictions reduces competition; accordingly, the analysis requires the weighing of various factors and the cases are decided on in a fact-sensitive manner. In <i>Aamco Transmissions v. Romano,</i> the district court elegantly reviewed the specific facts of the case, modified the contractual covenant not to compete, and concluded that the former franchisee did not violate the modified covenant.
Features
Trademark licensors, including those in the entertainment industry, are scrambling to keep up with the evolving use of social media as a tool for business advertising. As technology changes, so must the provisions in a trademark license.
Features
This is the third in a series of articles on liens in proceeds under Article 9 of the Uniform Commercial Code (UCC).
Features
Recent NLRB decisions have rewritten the labor law map in a variety of ways, but nowhere more significantly than in the areas of franchising and outsourcing. With the decision in <i>Browning-Ferris</i> and decision by the NLRB's general counsel involving McDonald's, the definition of a "joint employer" has grown exponentially broader.