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Crypto Enforcement Still Has a Pulse
May 01, 2025
The contrast between the Trump Administration’s ostentatious embrace of cryptocurrency and the prior administration’s chilly skepticism has led some to suggest that the multi-billion-dollar industry is at the dawn of an enforcement-devoid free for all. A more recent, lower key announcement, however, indicates that enforcement still has a pulse, and can be expected to play a part in that new approach.
A Primer on the New Jersey Data Privacy Act
May 01, 2025
The New Jersey Data Privacy Act (NJDPA), went into effect this past Jan. 15. The NJDPA represents New Jersey’s entry into the burgeoning field of data privacy laws, as it joins 18 other states that have passed such laws.
How AI Complicates Trademark Protection In the Digital Age
April 30, 2025
While AI has many proven beneficial applications, there is a concerning trend emerging: an increasing number of disputes that are based on mimicry of distinctive brand identities without permission.
Back to the Future: How Data Privacy Laws Can Teach Us What to Expect With AI Regulation
April 30, 2025
While the amount of AI legislation introduced in various states is relatively limited, the scope of issues being legislated is quite broad. Despite the many uncertainties that remain to be clarified, there are actually many parallels between how data privacy laws took shape five years ago, and how AI legislation is developing today.
The Curious Persistence of the Six-Factor Trade Secret Test
April 30, 2025
This two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.
From Good to Great: How Law Firms Achieve Best-in-Class Profitability
April 30, 2025
What makes a law firm a best-in-class financial performer — and how to make my own practice more successful and enjoyable? This article provides simple principles any small to midsize law firm can use to improve performance.
Beyond the Logo: How AI Complicates Trademark Protection In the Digital Age 
April 30, 2025
Today, building brands solely on the promise of a different product or service has become unsustainable. Any “new and improved” feature or benefit is quickly eclipsed by competitors. Consequently, brands signal category superiority not through rational claims, but by reinforcing a distinct persona — a “ness” comprised of distinguishing traits and behaviors that form an ownable brand essence difficult for competitors to replicate.
Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings
April 30, 2025
Part One of a Two-Part ArticleThis two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. It also addresses considerations for petitioners to consider when developing their initial and ongoing invalidity strategies. Part One leads off with a discussion of the evidentiary requirements for proving earlier invention, conception and diligence and actual reduction in practice.
AI Emerging As Critical Tool for Commercial Real Estate
April 30, 2025
In the fast paced world of commercial real estate, AI is emerging as a critical tool to increase efficiency, reduce costs and provide new opportunities. The infusion of AI into the real estate industry has the potential to change how properties are valued, managed and marketed.
Non-Creditor Was Entitled to Actual Notice of A Chapter 11 Plan’s Injunction Barring Suits Against Insurance Carriers
April 30, 2025
A person who was not a creditor of a bankruptcy estate was entitled to actual notice of an injunction that would bar the non-creditor from suing the debtors’ insurance carriers, a federal court has ruled.

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