Clause & Effect
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The Seventh Circuit's Decision In 'Motorola v. Hytera': Examining the Extraterritoriality of the DTSA
Jie Gao
&
Hunter Hendrix
Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case which provides a roadmap for future cases involving international trade secret theft, finding liability for foreign misappropriation triggered by a domestic act.
Features
Fifth Circuit: Subchapter V Corporate Debtors Are Subject to Discharge Exceptions
Lawrence J. Kotler
&
Elisa Hyder
In the case of Avion Funding v. GFS Industries, the Fifth Circuit held that corporate debtors that elect to proceed under Subchapter V of Chapter 11 are, pursuant to Section 1192 of the Bankruptcy Code, subject to the discharge exceptions set forth in Section 523 of the Bankruptcy Code.
Features
How to Help Lawyers Embrace a Sales Mindset
Meg Pritchard
The idea that lawyers and firms don't — or shouldn't — "sell" to clients and prospects remains widespread. It's time we change this perspective. It's neither practical nor sustainable in a legal services marketplace, where competition to keep clients and attract new ones is intense and the ability to stand out from the crowd is increasingly challenging for both lawyers and firms. It's also not what clients want or what serves them best in the long run.
Features
Don't Sleep On Prohibitions on the Assignability of Leases
Kevin M. Levy
&
Krystal R. Bordoni-Cowley
Attorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.
Columns & Departments
Fresh Filings
Entertainment Law
&
Finance Staff
Notable recent court filings in entertainment law.
Features
FTC Noncompete Ban Blocked By Federal Court
Ryan Glasgow, Christopher Pardo
&
Katherine Sandberg
Regardless of whether the FTC's Final Rule ever becomes effective, that will not impact the growing number of state laws that regulate noncompetes and other types of restrictive covenants, meaning that the overall issue of restrictive covenant strategy and compliance remains alive for nearly all employers, even while the Final Rule is currently set aside.
Features
Hold On, I'm Suing: Artists' Copyright Claims over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled In Similar Instances
Stan Soocher
Artists protesting the use of their music in political campaign settings and threatening to sue has been in the news a lot this election season. This article provides a refresher on the smattering of notable decisions as well as a look at the latest in the lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."
Features
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Sulaiman Abdur-Rahman
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
Columns & Departments
Players On the Move
Entertainment Law
&
Finance Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
IP News
Howard Sire
&
Di'Vennci K. Lucas
'Polaroid' and Online Self-Promotion: A Cautionary Tale
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MOST POPULAR STORIES
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
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- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›