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SEC Takes Aim at Political Contributions by Investment Advisers
April 01, 2017
While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.
Lessons Learned from a Quarter Century in Legal Marketing
April 01, 2017
Words of wisdom for lawyers in all phrases of their careers.
Supreme Court Ends Laches Defense in Patent Cases
April 01, 2017
<b><i>SCA Hygiene Products v. First Quality Baby Products</i></b><p>The U.S. Supreme Court on March 21 ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.
<b><i>Yellowstone</i></b> Injunctions When Prompt Cure Is Impossible
April 01, 2017
Most real estate practitioners are well acquainted with the <b><I>Yellowstone</I></b> injunction and its importance in preserving the status quo while allegations that a commercial tenant has breached its lease are litigated. But the third Yellowstone prong — timeliness of the motion — is especially important.
Court Rules That Professional Fees May Not Be Capped by Standard Carve-Out Provisions
April 01, 2017
Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.
Proposed Partnership Regulations Create Estate and Charitable Tax Planning Opportunity
April 01, 2017
The New Year and the New Administration has areas of taxation estate planning and philanthropy on the front burner. No one is sure what will be happening with the minority discounts regulations in turmoil and proposed guidance of the modification of charities partnership interest and unrelated business taxable income (UBTI). By integrating a number of tried and tested tools, we may create a platform for substantial savings.
Challenges in Drafting a Restaurant Exclusive Use Clause
April 01, 2017
The reasonable and typical middle ground in the struggle between the parties regarding the scope of the "exclusive" is to protect only a tenant's "core" or "primary" business. Using such an approach, if properly drafted, will allow the tenant to avoid the two-coffee-shop situation, but will still permit the landlord to lease to multiple tenants with overlapping but not fundamentally competing uses.
<i><b>BREAKING NEWS:</b></i><br> Sedona Conference Releases 3rd Edition of e-Discovery Principles for Public Comment
March 30, 2017
The Updates are the First Released Since 2007
Emails Do Not End in Handshakes
March 02, 2017
The adage, “emails do not end in handshakes” has never been more true. Here's why.
The Science and Magic of Content Marketing
March 02, 2017
The ins and outs of content marketing.

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