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Investing In Resources That Make a Law Firm Hum
January 01, 2023
Firm leadership must think about their talent (and that means all their talent) differently than they do today: as a core business asset whose managed value can make or break the firm's success.
Real Property Law
January 01, 2023
Administrator's Deed Divested Distributees of Ownership Interest No Rescission of Deed When Mistake Was Not Mutual Restrictive Covenant Did Not Bar Educational Use Issues of Fact About Mortgagee's Knowledge of Fraud Precludes Summary Judgment No Private Right of Action to Enforce Food Cart Regulations
5 Digital Marketing Trends to Follow to Stay Competitive In 2023
January 01, 2023
Amid the seismic shift of law firms joining the digital revolution, five key trends are emerging that will help shape how clients interact with firms and determine who their representation will be in the coming year.
Mass. Appeals Court: Accelerating Rent As Liquidated Damages Unenforceable
January 01, 2023
The Massachusetts Appeals Court recently reversed a judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty. The opinion "brings uncertainty to thousands of existing commercial lease agreements."
Players On the Move
January 01, 2023
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Second Circuit Orders Refund of Unconstitutional Quarterly Fee Overpayment
January 01, 2023
Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930.
What's In Store for the Blockchain Industry In 2023?
January 01, 2023
The FTX bankruptcy caps a very difficult 2022 for the entire blockchain industry, spanning exchanges to decentralized finance to non-fungible tokens (NFTs). Blockchain and crypto skeptics are shouting "I told you so," while investors watch billions of investment dollars evaporate under the harsh light of the bankruptcies of Celsius, Compute North and now FTX.
What the SEC May Be Signaling Through Its Approach to NFTs and F-NFTs
January 01, 2023
Recent actions by the U.S. Securities and Exchange Commission (SEC), together with certain statements by SEC commissioners, may indicate a shift in approach toward a rebuttable presumption that digital assets are securities, without deference to formal legal tests.
A Secondment Can Help Grow Your IP Practice
January 01, 2023
Although your company may have an in-house IP attorney, your company may still need temporary help from an outside law firm to develop your company's patent portfolio and to solve your company's need for temporary help with minimal need for training and financial investment. If you do not have the budget to hire an in-house IP attorney, the solution is to try a secondment — an attorney from an outside law firm temporarily joins your in-house legal team as a "secondee" on a part-time or full-time basis.
Is Asking E-Discovery Vendors for Indemnification for Data Breaches Provide Security of Clients' Data?
January 01, 2023
Threats of cyberattacks have not only made legal professionals more wary — especially as legal teams in firms and in-house are increasingly the target of cyber hackers — but it has also changed their relationship with vendors.

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    Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • The Availability of Self-Help Evictions to Commercial Landlords
    A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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