Columns & Departments
<b><i>At the Intersection: </i></b>Wishin' and Hopin' and Sittin' on Your Hands
What if you invented a better mousetrap, but the world didn't beat a path to your door? What if you developed a promising new medicine for a troubling condition, but when the doctor prescribed it, the patient refused to take it, simply sticking it in the desk drawer while continuing to complain about the malady?
Features
Ins and Outs of Group Registration Of Photographs
An important part of a professional photographer's life, and that of a photographer's attorney, is protecting the intellectual property produced by that photographer. Many photographers properly compile photographs from unrelated sources and register the photographs in an effort to protect their property rights in the images. Group registration of those images has enabled a much more efficient registration process, but does registration provide the statutory damage protections one might assume should be available?
Protecting Your Company's Data from Security Breaches
This article explores some steps counsel can take to protect their organizations from a data breach, and how counsel can proactively help to mitigate any adverse impact in the unfortunate event a data breach occurs.
Consent to Assignment Clauses
Last month in Part One of this article, we discussed the fact that most insurance policies contain anti-assignment provisions, purporting to prohibit the assignment of interests in the policy without the insurer's consent. We conclude the discussion herein.
Columns & Departments
Landlord & Tenant
In-depth analysis of two key rulings.
Features
<b><i>Media & Communications: </i></b> Why You Should Be Newsjacking
Newsjacking is a method of leveraging hot news items to generate brand recognition and client visibility. Successful newsjackers track breaking news and emerging trends, and use clever thinking to either make connections that put their clients front and center, or to simply insert their clients into a high-profile conversation that otherwise would never have included them.
'Forensic Clairvoyance'
Attorneys take a variety of approaches to client preparation in advance of a child custody evaluation, ranging from a "hands-off" stance to hours of guidance. Sadly, trust in the fairness of the evaluation process is, in some cases, quite misplaced, and can lead to unfortunate outcomes.
Hidden and Creeping Franchise Fees
Every franchise lawyer knows that one of the conditions for a distribution arrangement to be considered a franchise is that the franchisee is required to pay (whether in cash or other consideration) a "fee" to the franchisor or its affiliate. The term "fee" is broader than it might first appear.
Measurement Standards in Commercial Leases and the Right to Remeasure
Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests sample lease language for both landlords and tenants.
Features
<b><i>Practice Tip:</i></b> Cross-Examination Using Learned Treatises
Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed.
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