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Features

Supreme Court Upholds Lanham Act Claim in Juice Wars Image

Supreme Court Upholds Lanham Act Claim in Juice Wars

Kyle-Beth Hilfer

Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.

The Co-Tenancy Clause Image

The Co-Tenancy Clause

Seth A. Fersko

After <i>Kleban v. Ann Taylor</i>, when a mall or shopping center landlord is marketing space and offers a potential retail tenant a co-tenancy provision, the most applicable legal maxim is <i>caveat venditor</i>, let the seller beware. Landlords can suffer great unintended consequences from a co-tenancy clause that is negotiated as an accommodation to get a tenant into the space and then explodes years later.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

In-depth commentary and analysis of two rulings.

Columns & Departments

Court Watch Image

Court Watch

Alexander Tuneski

No Disclosure Document? Not Always a Problem.

In the Courts Image

In the Courts

ljnstaff & Law Journal Newsletters

Analysis of a decision in which the D.C. Circuit ruled on attorney-client privilege protections for corporate internal Investigations

Features

<b><i>Suing Led Zeppelin</b></i> Can a Copyright Infringement Plaintiff Rewrite Rock and Roll History? Image

<b><i>Suing Led Zeppelin</b></i> Can a Copyright Infringement Plaintiff Rewrite Rock and Roll History?

Christopher P. Bussert & James A. Trigg

This article examines the allegations of Spirit that Led Zeppelin copied the introductory descending guitar figure in "Stairway to Heaven" from its 1968 instrumental, explains why the suit is not stale despite being brought 42 years after the release of "Stairway," and discusses the challenges that the plaintiff must overcome if he is to prevail in the litigation.

Rainmaker or Hostage Taker? Image

Rainmaker or Hostage Taker?

Richard Upton

Despite a surge in articles, blogs and white papers that focus on top trends in law firm business development and management, few have explored critical changes taking place within law firm management, particularly as they relate to the concept of the rainmaker.

Features

Further Precedent Supporting the Retention of CROs Image

Further Precedent Supporting the Retention of CROs

James R. Irving

A recent decision in the United States Bankruptcy Court for the Central District of Illinois is part of a growing trend of opinions and orders around the country allowing a debtor to retain a chief restructuring officer (CRO) under sections 105(a) and 363(b) of the Bankruptcy Code, rather than section 327(a) of the Bankruptcy Code.

Features

Alternative Secretarial Approaches to Legal Support Image

Alternative Secretarial Approaches to Legal Support

J. Mark Santiago

Most law firms above 100 to 150 attorneys outsource many of their basic services. Mail, messenger, records and photocopy staff are now commonly supplied by a group of national and regional vendors. However, one key service that is not supplied by any vendor ' and in most of our individual business case analysis proved to be one of the most inefficient services that law firms supplied ' was that of secretarial support.

Features

Coverage for Communications Costs Image

Coverage for Communications Costs

Marialuisa S. Gallozzi & Seth A. Tucker

In complex litigation, public perceptions of the parties and the facts can have a significant effect on the ultimate size of the defendant's liability. For example, an early and compelling public recitation of facts favorable to the defense may dissuade some potential plaintiffs from joining the litigation.

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