Supreme Court Puts End to Prudential Barriers In Chapter 11 Appeals
September 01, 2024
The Supreme Court's holding ensures that insurers who have long been silenced in Chapter 11 proceedings will now be heard. It is also a shot across the bow for two other judge-made, atextual doctrines that bar consideration of the merits in Chapter 11 appeals.
Identifying and Articulating Your Differentiator
September 01, 2024
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions
While humility is incredibly important in business and law, it is equally important to identify and articulate what you do well — really well — in your practice. Those who can ascertain, embrace and communicate their differentiator(s) will be well-positioned for steady practice and client growth.
Approving Attorney Opinion Letters In Lieu of Title Insurance Is Trending, But Use With Caution
September 01, 2024
Despite being more affordable than title insurance, attorney opinion letters should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.
Eighth Circuit Expands Its Copyright Law Jurisprudence
September 01, 2024
The Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.
New AI Suit By Authors Against Anthropic
September 01, 2024
A new class action filed on behalf of several authors alleges that artificial intelligence startup Anthropic committed "brazen infringement" by using "hundreds of thousands" of copyrighted books to train "Claude," its flagship collection of large language models.
Conducting Internal Investigations When Parent Is a Foreign Company
September 01, 2024
What criteria should the foreign parent organization use to select counsel in the United States to conduct the independent internal investigation?
IRS Seeks to Regulate Partnership Basis Adjustments
September 01, 2024
The proposed regulations would disallow basis adjustments in many non-abusive scenarios where those basis adjustments are necessary to achieve tax results that correspond to economic reality.
Bankruptcy Court Creates Potential Loophole for Cannabis Businesses Seeking Ch. 7 Protection
September 01, 2024
With a growing leniency in denying motions to dismiss for asserted violations of the Controlled Substances Act and the anticipated rescheduling of cannabis, it appears that bankruptcy relief may become a viable option even for plant-touching and cannabis-related businesses.
5 Ways Small and Midsize Law Firms Can Win More Pitches (and 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.
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- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- 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 ›