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In the Courts Image

In the Courts

ljnstaff & Law Journal Newsletters

Discussion of the <I>Janus</I> Holding

Columns & Departments

Court Watch Image

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Inconsistent Testimony Made Plaintiff Not Typical off Proposed Class <br>Franchisor Sanctioned For Failing to Prepare Its Representative for Corporate Deposition<br>Federal Court Enforces Franchisee Post-Termination Obligations

Features

Intent to Use Image

Intent to Use

Ed Komen

Bona fide intent was given new meaning by the TTAB. <i>Lincoln National Corporation v. Anderson,</i> exemplifies an apparent trend of the TTAB requiring greater proof of an applicant's "intent" as a jurisdictional prerequisite for filing an application or face a finding that the application is void <i>ab initio.</i> This is the paradigm of the "ticking time bomb" trademark nightmare with a very long fuse.

Features

The 'Going and Coming' Rule Image

The 'Going and Coming' Rule

Michael Resis

Although the "traveling employee" exception to the "going and coming rule" is strictly limited to workers' compensation cases, it has been widely applied to many cases that the exception has evolved into its own rule.

Features

The Fifth Circuit Takes On the Issue of Prepayment Premiums Image

The Fifth Circuit Takes On the Issue of Prepayment Premiums

Brett D. Goodman

In a recent decision by the Fifth Circuit, the court held that a lender's pre-bankruptcy acceleration of a promissory note arising from a borrower's nonpayment default did not trigger provision for a prepayment premium in the absence of an actual loan prepayment.

Features

Counsel Fees: A Tipping Point Image

Counsel Fees: A Tipping Point

Joshua H. Pike & Judith L. Poller

The recent decision in <I>Sykes v. Sykes</I> sent shock waves reverberating throughout the New York matrimonial bar for its direction that during the pendency of a divorce litigation, the less monied spouse may be required to use a portion of her share of the marital estate to pay her legal fees, rather than continue to have such fees paid by the wealthier spouse.

Ten Reasons to Just Say No to New Work Image

Ten Reasons to Just Say No to New Work

Frank Michael D'Amore

The battles to land new clients and matters are fierce and the consequences of losing are far more damaging than ever. Nevertheless, there are times when the smart play is to decline, no matter how alluring the likely fees are.

Yahoo Accuses Ex-Employee of Taking SecretsTo Startup Image

Yahoo Accuses Ex-Employee of Taking SecretsTo Startup

Marisa Kendall

Yahoo Inc. has filed a lawsuit accusing a former employee of lifting Yahoo's patents and confidential information, and taking them with him to his new startup.

Features

QDRO or Buyout? Image

QDRO or Buyout?

Theodore K. Long, Jr.

Last month, we discussed the fact that some 84 million Americans work for companies that maintain ERISA-covered retirement plans that are divisible by QDROs, which guarantee the non-worker spouse (the non-owner) a share of the pension. We conclude the discussion herein.

Columns & Departments

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Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Expert analysis of a recent key case.

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