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It's impossible not to notice the vacancies when walking into a shopping mall in the United States. To stem the tide, certain mall owners in high-profile bankruptcy cases have addressed the retail bankruptcy trend in a unique and (virtually) unprecedented way.

Split Ninth Circuit Requires Default Interest To Cure Default

A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit on Nov. 4, 2016.

Sales Speak Business Development Best Practices: Client Teams

All about Client Teams and how to make them work to your advantage.

The Meaning of 'Sex' LGBTQ Rights Under the Legal Microsope Part Two of a Two-Part Article

The Supreme Court's decision in Gloucester County School Board v. G.G. is likely to have a significant impact on federal workplace discrimination laws, despite the fact that the case does not implicate the employment relationship, or involve employment law.

How Should Noise Ordinance Be Applied to This Music Venue?

Noise ordinances are often the bane of live performances venues. A jazz brunch in Miami Beach has sparked litigation between the city and a cafe owner with an interesting twist over the constitutionality of the city's noise ordinance.

Search Warrants for IoT Data Spur Legal, Privacy Complications

Law Enforcement Attempts to Access Amazon Echo Raise Questions over the Viability of IoT Data in Investigations and the Vulnerability of Private InformationA case surrounding a mysterious death in a Benton County, AR, has far-reaching implications for the ownership and privacy of data generated from Internet-connected devices.

Development

Discussion of four key cases.

At the Intersection Lawyers Are Ignoring A Vital Business Development Tool

When we teach and discuss Legal Project Management (LPM), we stress that the last of LPM's five basic steps, Post Project Review, not only is every bit as essential as the first four steps, it can be an extraordinarily powerful business development lever, as well.

Amending Patent Claims in Post-Grant Trial Proceedings

What You Need to Know The America Invents Act gave patent owners the right to move to amend their patent claims. To date, however, this right has been more illusory than real. Given their dismal success rate so far, many hope that the tide will turn in favor of granting more motions to amend.

The Evolution of the 'Virtual Law Firm'

Though “Virtual Firms” Are on the Decline, Cloud Technology May Be Shifting the Model to Refocus on Lawyer MobilityWhile the "virtual lawyer" may be on the decline, the technology making law practices more portable and potentially more efficient has seen a surge. The rise of cloud computing in particular has made it possible for attorneys to keep all the technology tools they need to practice on hand at all times and eschew direct client contact and office space if so desired.

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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