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Features

A Child-Like Mindset Is Perfect for Business Development Image

A Child-Like Mindset Is Perfect for Business Development

Joseph Lucosky

The lawyers who are best at business developemnt are the ones who consistently grow strong books of business, aren’t “selling” in the traditional sense. They’re not always trying to “close” the next deal. Instead, they’ve adopted a different mindset. One that’s resilient, generous, and surprisingly childlike.

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Stephen Thaler Is At It Again — Asks Supreme Court to Extend Copyright Protection to AI Works Image

Stephen Thaler Is At It Again — Asks Supreme Court to Extend Copyright Protection to AI Works

Jimmy Hoover

A computer scientist is asking the U.S. Supreme Court to extend copyright protection to works created entirely by artificial intelligence in one of the first cases to reach the justices about the revolutionary technology.

Features

IP News Image

IP News

Jeffrey Ginsberg & Basil Williams

Federal Circuit Holds That Patentee’s Disavowal of Claim Construction Warrants Reversal of Summary JudgmentFederal Circuit Concludes That Two Organizations Lack Associational Standing to Challenge USPTO’s Denial of Petition for Rulemaking

Features

Supreme Court Set to Address Procedural Inconsistencies and Claims of Unconstitutional Vagueness Attributed to CAFC Image

Supreme Court Set to Address Procedural Inconsistencies and Claims of Unconstitutional Vagueness Attributed to CAFC

Howard Shire & Di’Vennci Lucas

The U.S. Supreme Court is set to commence its term on October 6. Among the cases it will review are several appeals concerning copyright and trademark law. One notable case seeks to address procedural inconsistencies and claims of unconstitutional vagueness attributed to the U.S. Court of Appeals for the Federal Circuit.

Features

Michigan Appellate Court Ruling Provides Guidance On Restructuring for Cannabis Companies Image

Michigan Appellate Court Ruling Provides Guidance On Restructuring for Cannabis Companies

Marianna Wharry

A three-judge panel for the Michigan Court of Appeals held last month that receivers directing insolvent marijuana companies can reject burdensome leases and disregard contract provisions that could lead to widespread defaults.

Features

Bankruptcy Judges Struggle With Meaning of ‘Consensual Release’ Post-Purdue Image

Bankruptcy Judges Struggle With Meaning of ‘Consensual Release’ Post-Purdue

Seth H. Lieberman & Amanda M. Schaefer

Following the U.S. Supreme Court’s 2024 decision in Purdue, which held that nonconsensual third-party releases are impermissible under the Bankruptcy Code, bankruptcy judges across multiple jurisdictions have been grappling with what constitutes a “consensual” release. Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024). This article analyzes how different judges have defined “consent” and provides guidance on best practices for structuring third-party releases.

Features

Fourth Circuit: Subject-Matter Jurisdiction In Bankruptcy Depends On Statute, Not Debtor Solvency Image

Fourth Circuit: Subject-Matter Jurisdiction In Bankruptcy Depends On Statute, Not Debtor Solvency

Francis J. Lawall & Michael A. Sabino

The Fourth Circuit’s opinion focused on answering the core question presented — whether jurisdiction is determined by statute, rather than by a debtor’s financial condition. It reasoned that since the Constitution grants Article III power over “all cases arising under the laws of the United States” and the Bankruptcy Code is a law under the United States, the petition to reorganize under Chapter 11 of the Bankruptcy Code is clearly within the judicial ambit of the U.S. Bankruptcy Court.

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Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable Image

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

Daniel A. Lowenthal & Maxwell K. Weiss

In 2020, the Supreme Court ruled that a bankruptcy court’s decision to lift the automatic stay of pending litigation imposed by the Bankruptcy Code is a final, appealable order. But what if a bankruptcy court lifts the stay and later reimposes it? Is the latter order also immediately appealable, or is it considered interlocutory?

Features

An Innovation Mindset Improves Client Satisfaction and Retention, But What About Profits? Image

An Innovation Mindset Improves Client Satisfaction and Retention, But What About Profits?

Jon Campisi

As law firms explore technological advancements ranging from generative AI to improved billing software, experts caution against having unrealistic expectations of immediately increased profitability, but they emphasize that an innovation mindset will improve client satisfaction and retention.

Features

Performance, Not Size, Leads to Growth In Today’s Market Image

Performance, Not Size, Leads to Growth In Today’s Market

Eric Thurston

In today’s market, growth is no longer a function of how big you are, but how well you perform — how quickly you can make informed decisions, respond to shifting client needs, and align the entire firm around a shared vision of success. The firms that pull ahead over the next five years won’t be the ones with the most lawyers or the flashiest marketing budgets. They’ll be the ones that master the art and science of firm performance.

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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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