Articles and Briefings

Our publications and briefings provide an in-depth analysis of commercial and legal developments, as they happen.

Intellectual Property Considerations and Guidance for Start-Ups: Trademarks

Aug 16 2019

Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using the mark without permission of the owner. The following includes important, basic information about trademarks, as well as how start-ups can protect their trademarked intellectual property.

A Dream or a Nightmare? Who pays in a world without student loans?

Aug 14 2019

So how would colleges and universities operate in a world where students potentially no longer have easy (or any) access to student loans? No one knows exactly, but one thing is sure: institutions that implement a strategy to deal with possible changes now will have a leg up when those changes come to fruition.

Trustee Survives Judgment in Fraudulent-Conveyance Action Based on Novation Argument

Aug 08 2019

The Sixth Circuit recently ruled that a trustee’s claim that a novation occurred upon the execution of amended and restated loan documents could not be dismissed under a Rule 12 (b) (6) motion.

Year One of Trump’s DOJ: A Closer Look at the Four Main Categories of Offenders

Aug 08 2019

Four categories of offenses represent over 80% of the total national caseload: immigration, drugs, firearms, and fraud-related financial offenses. Here’s a closer look at the categorical data from FY2018.

Year One of Trump’s DOJ: An Overview of the Four Major Categories of Offenders

Aug 08 2019

This article is the second in a series analyzing the Sourcebook of Federal Sentencing Statistics for Fiscal Year 2018, recently released by the United States Sentencing Commission.

Intellectual Property Considerations and Guidance for Start-Ups

Aug 06 2019

Companies and organizations that don’t protect their IP can risk losing hard-earned work and concepts. Also, companies can risk liability if they violate the IP rights of others, even unknowingly or by accident.

The Uncertain Future of Patent Eligibility

Aug 01 2019

For many companies in many industries, patents are an important tool for driving innovation. At the same time, patents limit competition, so that companies must also be wary of their competitors’ patent portfolios. The result is that for many companies it is important to understand whether inventions are entitled to patent protection.

Pete Bromaghim in IP Watchdog: “Play Gloria!”—A Confusing Trademark Face-Off Between a Bar and the Blues

Jul 26 2019

Jacks NYB claims it owns trademark rights to the phrase “Play Gloria!”; they not only filed trademark applications for the phrase, but sent demand letters asserting their rights. It’s a move that feels a little too straight out of the TV show It’s Always Sunny in Philadelphia. And like most other IP disputes that manage to reach the sports-channel crawl, it is rooted in some basic misunderstandings about the nature of trademarks.

In Marcel v. Lucky Brands, Two Retail Companies in Long-Running Trademark Dispute Hope to “Get Lucky” at the Supreme Court

Jul 17 2019

After years of litigation, two retail companies - Lucky Brand Dungarees, Inc. and Marcel Fashions Group - will have their most recent case heard by the United States Supreme Court.

Anne Reavis Spotlighted in “Upholding Gender Diversity in Principle and Practice” Article

Jul 08 2019

It is with pleasure that I share my perspective for this issue of Modern Law, particularly since the theme is Women in Law. My perspective is not on the practice of law however, but the business of law, particularly around the use of CRM in law firms.

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