The Selective Prosecution Defense
October 01, 2022
This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.
NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants
October 01, 2022
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.
FTC Looks to Focus On Data Privacy and Competition
October 01, 2022
The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance "crackdown."
Duty of Candor and Good Faith With the USPTO Covers Non-Inventors and Non-Practitioners
October 01, 2022
Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.
Fresh Filings
October 01, 2022
Rapper 50 Cent filed a right-of-publicity lawsuit against Angela Kogan and her company Perfection Plastic Surgery & MedSpa in Florida Southern District…
Recession Proofing A Law Firm
October 01, 2022
Whatever term the economists use to describe the slowing pace of commerce, the real question is: how do you protect your law firm's revenue stream when economic pressures are causing current and prospective clients to tighten their budgets?
Third Circuit Holds Ethical Screen Insulates Side-Switching Lawyer's New Firm
October 01, 2022
The Third Circuit recently affirmed a bankruptcy court's denial of a defendant's motion to disqualify the plaintiff's law firm in a large adversary proceeding, holding that it had not abused its discretion because the plaintiff law firm had "complied with" ABA Model Rule of Professional Conduct 1.10(a)(2).
How to Avoid the Claim Cap Becoming a 'Claim Trap'
October 01, 2022
Commercial landlords should consider the steps they can take when drafting and negotiating their commercial leases to minimize the adverse impact of the claim cap in the event of a tenant bankruptcy and ensuing lease rejection.
Using Emotional Quotient to Help Lawyers Optimize Leadership and Business Development Potential
October 01, 2022
The role of emotional intelligence, also known as EQ, Emotional Quotient, is critical to the success of lawyers who are leaders in their firms. EQ can be defined as skills people use to manage their own emotions wisely, to maximize their chances of influencing others constructively, and achieve their goals. Having high emotional intelligence helps professionals build stronger relationships, reduce stress, defuse conflict, and improve job satisfaction.
Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case
October 01, 2022
In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider "the meaning of the accused work where it 'recognizably deriv[es] from' its source material." The case may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.
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