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Features

i.think Therefore i.am? Not Exactly

Scott J. Slavick & Arturo Ishbak Gonzalez

Fame, they say, is fleeting ' but the brands and value they create are not. Little wonder the adopted names of certain stars become not only brands in the popular imagination, but also legally defended rights and trademarks.

Features

Can an Applicant With a Criminal History Buy a Franchise?

Craig R. Tractenberg

The character of a franchise prospect seems relevant. Franchisors want trustworthy participants in the franchise system. A credit report and a criminal history search seem reasonable to screen out undesirables. Roughly one in four adults has some criminal history that would show up on a search, and some of these crimes have since been decriminalized. Using searches of criminal histories and credit reports can also be racially discriminatory.

Features

The Other Side of the Interview

Derek Mize

Much has been written regarding how the candidate can be successful in the interview; however, less has been shared regarding how the interviewer can "win the interview" for the firm. Below are four ways in which an interviewer can come out on top in an interview.

Data Breach Claims

Wayne M. Alder

"There are only two types of companies: those that have been hacked and those that will be." ' Federal Bureau of Investigation Director Robert Mueller

Trans-Jurisdictional Transactions

Allan A. Joseph & Stephen H. Wagner

This three-part series has analyzed the complex issues that arise throughout the dispute resolution process of cross-border transactions. In this final installment, we look to the beginning and discuss how proper planning and effective drafting of the dispute resolution provisions can infuse predictability and reliability into cross-border business deals.

Features

Is Coverage Hiding in Your Insured Contracts?

Paul A. Rose & Bridget A. Franklin

Contractual liability frequently is excluded from coverage in Commercial General Liability ("CGL") policies. However, certain contractual liabilities, including "insured contracts," typically are covered under CGL policies as a result of exceptions to the general contractual liability exclusion.

Features

Sup. Ct. To Clarify <i>Fogerty</i> Copyright Attorney Fees Factors

Lewis R. Clayton

For the second time in three years, the U.S. Supreme Court is poised to consider important questions under the Copyright Act at the behest of Supap Kirtsaeng, a tenacious Thai math professor. In 2013, the Supreme Court handed Kirtsaeng an important victory in a litigation brought against him by a major publisher, holding that a copyrighted work published and purchased abroad may be resold in the United States without the permission of the copyright holder.

Features

Financing Statement Filed Without Debtors' Authorization

Rudolph J. Di Massa Jr. & Chad E. Odhner

Under the Uniform Commercial Code (UCC), a secured party can perfect its lien on certain of a debtor's assets by the filing of a UCC-1 financing statement. However, Section 9-509 of the UCC provides that a party may file such a financing statement only if the debtor authorizes the filing: either expressly in an authenticated record or, more commonly, by executing a security agreement.

Features

The Advice-of-Counsel Defense and the Corporate Employee: A Loss of Balance

Gary Stein

Ordinarily, a defendant who wishes to assert the defense of advice of counsel must unlock the door that shields his privileged communications with counsel and divulge those communications to his adversary. But when the defendant is a corporate employee who claims to have relied on advice from the corporation's attorney, the employee may not be able to unlock that door.

Features

<b><i>Leadership:</i></b> Accelerate New Business Now

Allan Colman

Acceleration is about generating and making new business successful in less time. In order to enter the "accelerator zone," one must first understand what happens when you are <I>not</I> in the "accelerator zone."

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