Circuit Courts Split On Review of Bankruptcy Court's Denial of Motion to Dismiss
September 01, 2024
Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals.
UTMs: Taking Your Social Media Analysis to the Next Level
September 01, 2024
In the fast-paced world of digital marketing, every click, share and engagement counts. Social media has become a vital tool for businesses to connect with prospects and clients, drive traffic to their websites and, ultimately, boost the bottom line. However, tracking the effectiveness of your social media efforts on a more granular level can be difficult.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
September 01, 2024
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Real Property Law
September 01, 2024
Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear
Restrictive Covenant Did Not Bar Above Ground Pool and Deck
Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract
Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement
Using Unique Product Features or Designs to Register Trademarks
September 01, 2024
Brand identity extends well beyond a brand name to encompass various elements. To truly protect your brand, consider what other features or designs can be registered as trademarks.
Applying Merger By Deed Doctrine to Real Estate Transactions
September 01, 2024
Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.
From Pixel Stuffing to Bots: Avoiding Ad Fraud In Class Notice
September 01, 2024
Class action notice programs in the settlement context are not immune from fraud. Class counsel has a fiduciary duty to protect the best interests of the class, therefore protecting notice programs and the effectiveness of a digital advertising campaign is critical.
The Benefits of Blockchain for e-Discovery and Data Preservation
September 01, 2024
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.
5 Ways Small and Midsize Law Firms Can Improve Realization Rates
September 01, 2024
Smaller law firms can significantly increase their chances of competing with large "Goliaths" by bringing an industry focus, maximizing their digital footprint, building processes and systems around the pitch/proposal process, looking backwards for strengths, and engaging in social media.
The 4th Amendment and ESI
September 01, 2024
Courts continue to grapple with the specificity of description required by these warrants for electronically stored evidence so as not to undermine the particularity required by the Fourth Amendment.
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- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›