In bankruptcy, the debtor is entitled to reject (not perform) burdensome contracts. For franchise agreements that contain trademark licenses, the effects of rejection are decided on a case-by-case basis. Sometimes the licensees of the trademarks can continue to use the trademarks over the objection of the franchisor and sometimes not. This issue arose in the Crumbs Bake Shop case in connection with the sale of its assets.
- February 28, 2015Craig R. Tractenberg
A California federal judge rejected dueling, Hail-Mary motions by both sides in a key battle over copyrights to pre-1972 recordings.
February 28, 2015David Bario, Lisa Shuchman and Ross ToddAs pressure on pricing continues, Big Law firms are buying (or building) analytics technology and hiring pricing specialists ' people who use market data, internal firm data and economics/pricing experience to ensure that firms are smart about bidding on work.
February 28, 2015Tam HarbertIn 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with the networks. As the dust now begins to settle, the copyright litigation has resulted in important precedents that will help define the boundaries under the Copyright Act for the multi-channel programming distribution industry.
February 28, 2015J. Alexander LawrenceObtaining social media user content under most circumstances is extremely difficult ' unless you use the correct strategy. Simply sending discovery requests without a basic understanding of the information available is a fool's errand. It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data.
February 28, 2015Emily T. Acosta and Eric P. ConnTwo recent decisions have held that despite an express choice-of-law clause selecting New York law to apply to an insurance policy, a policyholder is not entitled to the protection of New York's statute requiring an insurance company to show prejudice before coverage is forfeited on the grounds of late notice, unless the policy was also issued or delivered in New York. This article provides an analysis.
February 28, 2015Michael T. SharkeyAfter almost three years of legislative debate over proposed versions of the law, alimony reform has now come to New Jersey. This article reviews the reform of the New Jersey Alimony Statute, and discusses how those changes compare with the reform of alimony laws in other states.
February 28, 2015Jennifer PrestiThe cybersecurity woes of companies like Target and Sony in 2014 and Anthem last month have meant a busy start to 2015 for law firm data-privacy and security practices.
February 28, 2015Gina Passarella and David GialanellaChances are you don't need to be convinced of the merits of learning to program or, in the parlance of today's startup culture, learning "to code." You already understand not only the professional opportunities it opens but also how it empowers you to solve your own problems. As software disrupts industry after industry, the winners will be either those writing the code or those who understand enough about coding to organize others to do it.
February 28, 2015Dan LearCurrent discussions of electronic discovery and legal technology often focus on strategies for managing large volumes of data as it is funneled through different phases of the EDRM. Yet an important part of the discovery process ' case analysis and legal strategy ' has been a niche left unaddressed by traditional technologies.
February 28, 2015Catherine McPherson

