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Student Athletes And Compensation For Likeness
In the last few years, every college football fan became familiar with "Johnny Football," "The Honey Badger," and "Famous Jameis." These recognizable names are not only associated with Heisman-quality talent, but also with the new world of student athlete trademark registrations.
Second Circuit Rules That Lien Is Extinguished Under Chapter 11 Only if Secured Creditor Participates in Case
A hornbook principle of U.S. bankruptcy jurisprudence is that valid liens pass through bankruptcy unaffected. This longstanding tenet, however, is at odds with section 1141(c) of the Bankruptcy Code, which provides that, under certain circumstances, "the property dealt with by [a Chapter 11] plan is free and clear of all claims and interests of creditors," except as otherwise provided in the plan or the order confirming the plan.
Real Property Law
Discussion and analysis of four key rulings.
<b><i>In the Spotlight:</i></b> Does a Tenant's Right of Possession Trump a Sale Under Section 363?
The interplay between '' 363(f) and 365(h) of the Bankruptcy Code continues to plague various courts. This article explores several recent decisions evaluating whether a tenant's rights under ' 365(h) survive a sale of the debtor's assets free and clear of all liens, claims, and encumbrances pursuant to section 363(f).
Prioritizing e-Mail Security in the Legal Sector
Data breaches and cyberattacks aren't new occurrences, but it can sometimes feel like they are. It's only in the last few years that we've seen these attacks make headlines more and more, increasing in both quantity and impact.
Killing the Goose That Laid the Golden Egg
Last month, the authors began discussion of a trend in New Jersey case law that has been moving that state toward the expansion of hospital liability through the continuous erosion of the statutorily imposed $250,000 charitable immunity cap. They continue their analysis of this trend and its consequences herein.
Mental Health Issues In the Workplace
The challenges inherent in managing employee mental illness were vividly illustrated for the world in March of this year with the intentional crash of a Germanwings aircraft by an apparently mentally ill pilot. Although the repercussions of such tragic events can be more significant in safety-sensitive industries like transportation, these kinds of tragic events can happen in any workplace.
<b><i>Media & Communications:</i></b> The Art of PR
Love him or hate him, there is no question that Donald Trump is in for the long haul. Since he announced he was running for president of the United States, he has received wall-to-wall news coverage almost every single day from every form of media ' even "fake news" programs. What can we learn from him?
Apportionment of Lost Profits Damages Appears To Be Making a Comeback
The issue of damages remains a hot topic at the Federal Circuit, with patentees being continuously reminded that damages must be apportioned to account for the value of patented features, as opposed to unpatented features, of an accused product. However, the vast majority of these cases involve apportionment in the context of reasonable royalties. Very little has been said about apportionment in a lost profits analysis.
Construction Chargebacks: The Hidden Costs
Virtually every retail lease contains what is commonly referred to as the "Construction Exhibit." This article addresses the manner in which retail leases attempt to assess construction chargebacks, and discusses how a tenant should address them in its comments to the landlord's draft of a retail lease.

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