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Protecting Weak Online Trademarks
December 26, 2012
Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.
The Sending and Receipt of Metadata
December 26, 2012
This article provides an overview of the ethical and legal considerations in both of those contexts with respect to both the sending and receipt of metadata by in-house counsel and the company's outside counsel.
Success in Mediation
December 26, 2012
In-house counsel contemplating or involved in mediation should take a step back and consider whether the standard ways of doing things really serve their or their clients' needs. Do they promote your dispute resolution goals? Surprisingly often, the answer is no.
Privileges, Clawbacks, and Inadvertent Disclosures
December 26, 2012
Several issues and concerns populate corporate counsels' minds when confronted with e-discovery demands, but two rise to the top: 1) collection and production cost; and 2) inadvertently producing information protected by evidentiary privileges. And these two concerns overlap, producing a Catch-22 dilemma for in-house lawyers.
Quarterly State Compliance Review
December 26, 2012
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Nov. 1, 2012 and Jan. 1, 2013. It also reviews some recent decisions of interest, including two from the Delaware Supreme Court.
An Analysis of the DOJ and SEC's Long-Awaited New FCPA Guidance
December 26, 2012
This article discusses some of the more significant issues that were addressed as well as the ones that were not addressed in as much detail as was hoped.
The Leasing Hotline
December 26, 2012
A look at recent litigation.
Real Estate Issues In the Cellular Industry
December 26, 2012
Wireless devices allow the user to remain connected to the world without being tied down to a particular place. However, this freedom to roam is wholly dependent on technology that, in order to function effectively, relies on numerous parcels of real property at locations around the world. This article describes the real estate interests that underlie the operation of the cellular communications industry.
Landlord's Right of Relocation
December 26, 2012
This article addresses issues that should be raised by the tenant based upon the landlord's relocation right, as well as certain strategic requirements that the tenant should insist upon before allowing the landlord to have a relocation right in the lease.
The Landlord's Lien under the Uniform Commercial Code
December 26, 2012
While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.

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