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The Bunny v. the Copper Top: What A Battery Brand Battle Can Teach Us About Differentiating Law Firms

February 01, 2026

When you compete on claims no one can verify, you risk losing the only thing that matters: the belief that your brand is worth the premium.

Landlord and Tenant Law

February 01, 2026

Second Circuit Affirms Federal Abstention from Action Contesting Validity of Ban On Income-Source Discrimination

NJDEP Revises Rule On Reporting Hazardous Substance Discharge to Require Property Owner Notification

February 01, 2026

Under the re-proposed rule, any person who discovers a discharge of a hazardous substance during all appropriate inquiry must notify the record owner of the property where the discharge is discovered. This requirement to inform the record owner of the property applies to any person conducting all appropriate inquiry. Once the record owner is informed of the presence of the discharge, the owner has a legal obligation under the Spill Act to report the discharge to NJDEP and to initiate remediation of the contamination.

Ninth Circuit Judges Ruminate on Viability of “Total Concept and Feel Test” In Copyright Infringement Case Over Miles Davis Tattoo

February 01, 2026

The U.S. Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement. This judicial recognition of mounting criticism of the influential test appears to invite a challenge to overrule it in favor of a new test.

FTC’s Withdrawal of Non-Compete Rule Doesn’t Mean the End of Regulating Employment Restrictions

February 01, 2026

The FTC’s decision to abandon the Rule does not mean non-compete agreements will escape scrutiny under the Trump Administration. The agency has indicated a willingness to look for broad industry-wide issues in non-compete agreements.

Relocation and Other NYC Charges Can Take Priority Over Liens

February 01, 2026

New York City laws and regulations relating to buildings provide for many different fees and charges payable to the city which can become liens on the property. While most of these liens will be subordinate to prior recorded mortgages and thus extinguished in a mortgage foreclosure, that is not universally the case,

Get Your Foot in the Door Via Professional Organizations

February 01, 2026

Many, but not all, professional associations have a class of membership for people and businesses not holding a license to practice in the field yet do provide services frequently used by members of the profession.

Ninth Circuit Indicates Willingness to Change Substantial Similarity Test for Copyright Infringement

February 01, 2026

The United States Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement.

U.S. Supreme Court Agrees to Decide Video Privacy Suit Against Paramount

February 01, 2026

The U.S. Supreme Court will consider if Internet users can sue websites for sharing their data with Facebook under the 1988 law aimed at protecting customers' private video rental history.

NJ Bankruptcy Judge Emphasizes Importance of Corporate Governance In Dismissing Ashley Stewart Filing

February 01, 2026

A federal bankruptcy court in New Jersey recently dismissed a Chapter 11 filing from former board members of national fashion retailer Ashley Stewart, Inc., securing a win for Roseland firm Mandelbaum Barrett’s bankruptcy practice and emphasizing the importance of corporate governance structure in bankruptcy disputes.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Law Firm Management
The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel Management
Legal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Artificial Intelligence
When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
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