Features
Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's
Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.
Columns & Departments
IP News
Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed Federal Circuit: District Court Did Not Err In Finding That an Abbreviated New Drug Application Is Limited to the Uses Described Therein
Features
The Intellectual Property Strategist Is Going Digital Only. Here's What You Need to Know.
The final print edition of The Intellectual Property Strategist will be our January issue.
Features
Three Things Trustees Should Know About Due Diligence in Preference Litigation
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
Features
Law Firms Embracing 'Hoteling' to Save On Office Lease Costs
While new to law firms, hoteling strategies are line with the practices of companies in other verticals where hoteling and 100% work flexibility have been successfully in place for some time.
Features
Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
Features
Split Second Circuit Narrows Bankruptcy Code's Settlement Payment Safe Harbor
The majority was sensibly concerned with the possible structuring of leveraged buyouts by artful counsel who would use a financial institution as a "mere conduit" to exploit the Code's safe harbor.
Features
The Benefits of Utilizing a Written Joint Defense Agreement Properly Tailored to Limit Future Conflicts
A recent decision from the U.S. District Court for the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.
Features
Start 2024 By Embracing the Synergy Between Retirements and Succession Planning
Attorneys retiring and succession planning are critical issues are often overlooked at the management level of law firms. A key question arises: What should come first, retirement or succession planning? Although they go hand in hand, many firms avoid addressing both.
Features
How Likely FTC's Comments On Copyright & AI May Become Policy
The FTC said that the misuse of training data like infringing on a work's copyright license is tantamount to unfair competition, thus implicating consumer protection with copyright policy and securing the agency's jurisdiction in the regulatory space.
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