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Trustee Litigation Trend: Tuition Clawback
August 01, 2019
With increasing frequency, Chapter 7 trustees are looking to insolvent parents as well as colleges and universities to avoid and recover for estate creditors payments made by insolvent debtors for the benefit of the debtors' dependents. These cases are premised on the theory that the tuition payments being made by insolvent parents for the benefit of their children are avoidable as constructively fraudulent transfers because the parents do not receive reasonably equivalent value in exchange for the payment of such tuition. Courts are divided as to whether the payment of a child's tuition provides reasonably equivalent value to the insolvent parents.
9 Ways You Could Be Hindering New Business Efforts
August 01, 2019
Nine ways you may be hindering your efforts to win new legal business, and a few ideas on how subtle improvements can maximize both success and overall win rates for firms and attorneys.
Players on the Move
August 01, 2019
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Sales Speak: Relationship Building: Systemizing Prospect Engagement
August 01, 2019
Building rapport with prospective or existing clients and referral sources requires intentional ongoing communication and patience. When relationships fail to progress, it is most often due to a lack of follow-up.
Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Law
August 01, 2019
The U.S. Supreme Court issued its long-awaited decision in <i>Mission Product Holdings, Inc. v. Tempnology </i>, ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.
Civil Contempt for Discharge Injunction Violations: A New Standard That Brings the 'Old Soil' with It
August 01, 2019
In its recent opinion in <i>Taggart v. Lorenzen,</i> the Supreme Court decided that “[a] court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor's conduct.” Although this standard appears to be new, it is more than a century old and “brings the old soil” from civil contempt with it.
Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable
July 01, 2019
This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.
Co-ops & Condominiums
July 01, 2019
Merger Doctrine Precludes Unit Owner's Action Against Sponsor
Development
July 01, 2019
Denial of Site Plan Upheld
Landlord & Tenant
July 01, 2019
Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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