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Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?
August 01, 2024
If the definition for "artist" under Florida's Talent Agencies Act applies to influencers and esports players, then likely a lot of unlicensed representatives are in violation of the state's statute — and the penalties are pretty serious.
SCOTUS: Prospective Relief Is Only Remedy Necessary to Resolve Unconstitutional U.S. Trustee Fee Scheme
August 01, 2024
In a recent decision, the U.S. Supreme Court held that the government was not required to refund millions of dollars paid by a Chapter 11 debtor pursuant to an unconstitutional fee scheme between the judicial districts.
Fifth Circuit Agrees With 'Cleary': Corporate Debtors Are Subject to Section 523(a) In Subchapter V Case
August 01, 2024
Armed with two circuit-level decisions, creditors who lose at the bankruptcy court level may feel encouraged to appeal. As of now, no court in the Second Circuit has addressed the issue and it remains to be seen how other courts will react.
Landlord & Tenant Law
August 01, 2024
Notice Sufficient In Action to Eject Occupant Lease's Taking Clause Excuses Tenant from Payment of Rent<br Village's ETPA Resolution Upheld Landlord's Delay In Providing Itemized Statement Precludes Landlord from Retaining Any Portion of Security Deposit Assignee Liable for Breach of Lease Constructive Eviction and Warranty of Habitability Defenses Rejected
Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act
August 01, 2024
The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.
The Future of the SEC's Climate Change Disclosure Rules If Regulatory Polices Are Reversed
August 01, 2024
Depending on the results of the election in November, there may be major reversals in securities regulation and SEC policies. In particular, the SEC's much discussed and much litigated climate disclosure rules may be abandoned by a Trump SEC.
Ethical Obligations and Risks of Engaging a Temporary Attorney
August 01, 2024
It is not uncommon for practitioners and law firms to employ the services of temporary (or contract) attorneys as the need may arise in contemporary practice. This article discusses the ethical obligations and associated risks that flow from engaging the services of a temporary attorney.
Tips for Complying with ABA and State Rules On Attorney Advertising
August 01, 2024
If legal marketing professionals are looking for the absolutely clear and consistent rules about attorney advertising that every firm can or should follow, know that the search is futile because the states not only modified the rules but called them by other names including codes, guidelines, standards, oaths, principles, pillars or tenets.
Three Questions Regarding Zoning and EV Charging Stations
August 01, 2024
Owners of office and multi-family developments that install new charging stations are likely to see an increase in property values because their buildings will attract or retain EV owners. In order to facilitate and encourage more EV charging stations, municipalities need to update their zoning ordinances to regulate and manage this new land use.
Playing Field Grows for Sports Law Practices
August 01, 2024
More law firms are betting on growing their sports practices amid recent changes in amateur and professional sports, finding it hard to ignore the multi-practice work that teams and leagues can bring to lawyers.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    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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