Features
Creating an LPM Function Is the Start — Implementing It Is the Goal
On the one hand, Big Law is locked in this endless struggle to compete on metrics: revenue per lawyer; billable hours; realization rates, and of course profit per equity partner. The fact that these are all the wrong metrics to define success is a separate discussion. On the other hand, many of these firms don’t have profitability models. And even those who do, struggle to implement them. This is super-important, so let’s break this down.
Features
What Can IP Practitioners Expect from Trump 2.0?
President-elect Donald Trump did not make intellectual property (IP) policy a major focus of his 2024 election campaign, but his policy priorities are nearly certain to have a profound effect on the IP landscape when he takes office in January.
Columns & Departments
Landlord & Tenant Law
Tenant Who Stopped Paying Rent May Not Recover DamagesDoctrine of Emblements May Entitle Tenant to Collect Damages for Loss of CropsInsufficient Evidence to Support Use and Occupancy ClaimSuccessor Landlord Liable for Predecessor’s OverchargesGuaranty Law Did Not Protect Guarantor When Tenant Never Closed
Columns & Departments
Real Property Law
Foreclosure Sale Bidder Entitled to Return of Down Payment When Title Was Not MarketableInadequacy of Price Does Not Establish Duty to Inquire About Fraud
Features
Hospitality Performance Tests In the Real World
Hotel management agreements often contain language permitting a hotel owner to terminate if the hotel’s performance fails to meet certain financial metrics. This provision, colloquially referred to as the “performance test,” is touted as a form of protection for owners by providing a right to terminate (or to receive a “cure payment”) if the hotel underperforms. But the reality is performance tests are generally structured to make them difficult, if not impossible, to fail, leaving hotel owners without the financial protection they thought they bargained for — or worse.
Features
Subchapter V Could Be Ideal Choice for Franchisees
When franchisees choose to financially reorganize under the Bankruptcy Code, they may be the right size to choose to reorganize under Subchapter V of Chapter 11. Where the franchisor and the franchisee cannot reconcile, Subchapter V may provide the franchisee with breathing room and leverage to be revitalized.
Features
Do Pharmaceutical Patents Do More Harm Than Good?
This article discusses how a pharmaceutical patent works, its role in drug development, and the polarizing impact it has on global health care.
Features
Can Your Spouse Help You Find New Clients?
Sooner or later, everyone needs a lawyer. It has been said the average American knows 600 people. You might have done a good job at raising awareness among your friends about how your can help them. Your partner likely knows 600 people too. There is overlap, but plenty of new names. Can they spot a business opportunity and tell your story?
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Features
Most Companies Don’t Honor Privacy Opt-Outs
Global privacy control lets computer users set privacy preferences in their browsers, automatically sharing those choices whenever users go to a site. It’s supposed to give individuals more control over their personal data, allowing them to opt in or out of cookie usage, data sharing, data selling and targeted advertising.But they only work if companies honor them. And in most instances, they don’t.
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