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Features
Tension has focused on whether to allow a secured creditor to improve its position with new property acquired after the bankruptcy case. The result was the broad mandate of Section 552 of the Bankruptcy Code: A prepetition lender with a lien on an asset enjoys a post-petition lien on the proceeds of that asset.
Columns & Departments
Recent cases advance debate on Franchisor-Franchisee relationships.
Features
The owner of entertainment intellectual property often faces concerns about maximizing licensing revenues while addressing the restrictions of federal and state laws that create those rights. Because a given IP right may involve federal law and state law ' through associated trade secrets or confidential information ' licensing of that IP mix often presents a challenge to maximizing an entertainment IP owner's potential revenue generation.
Features
The authors have analyzed the issues faced in patent licensing and litigation discussions, and have traced backward through the process to suggest strategies that prosecution counsel might apply early in the process to influence their clients' ultimate ability to monetize patents through litigation or other means.
Features
Cloud-based services have exploded in popularity over the last decade due to their ability to provide the convenience of on-demand resources along with generating efficiencies. However, given the importance of IT to most modern entities' operations, companies must balance the benefits of such outsourced cloud services with the risks associated with entrusting data and critical business processes to third parties.
Features
With many companies wearing the hats of the supplier, partner and customer simultaneously, the dynamics of vendor contracts, customer agreements, licenses, trademarks, leases, warranties and other contracts become ever more convoluted.
Features
This two-part article provides an overall review of ensuing loss provisions and their application by courts across the United States. In Part One, we discussed, among other things, Specific Exclusions. This month, we continue the discussion about Faulty Workmanship Exclusions.
Features
In May 2015, the streaming music service Pandora acquired the music industry data collection company Next Big Sound, which extensively tracks sales, social and streaming data. In the Internet era, the entertainment and other industries are awash with data, all of it with varying degrees of copyright protection. The Pandora/Next Big Sound deal presents a good moment for a primer on this copyright protection.
Features
Following in the footsteps of Enterprise Resource Planning (ERP), Enterprise Legal Management (ELM) holds out the potential to link risk and legal data to enable the global enterprise to proactively mitigate legal risk, streamline the legal process, and make insightful decisions in response to market or regulatory changes.
Features
As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.