Kristie Rearick

August 26, 2024 | New York Law Journal

Unique product features or signature designs can be registered as trademarks when properly positioned. Besides a brand name, the question is, what other brand elements communicate their source to consumers such that they can be registered as trademarks?

By Marc P. Misthal

8 minute read

August 26, 2024 | New York Law Journal

This technology is not only enhancing design processes and consumer experiences, but also reshaping the legal landscape, particularly as it relates to intellectual property protection and enforcement, design development and protection, the ramifications of deep fakes on influencer and celebrity endorsements and collaborations, and how to prepare for all of the above in standard industry contracts going forward.

By Dyan Finguerra-DuCharme and Laure Sawaya

8 minute read

August 23, 2024 | The Legal Intelligencer

If your organization (or your client) has not yet begun preparing for satisfy the requirements of this phase, time now is of the essence to undertake these steps and build a record of affirmative evidence showing compliance.

By Joshua A. Mooney and Ashley Pusey

6 minute read

August 23, 2024 | The Legal Intelligencer

The resist-refuse dynamic may have long-lasting negative effects on family function and healthy interaction within the family.

By Elisa Reiter and Daniel Pollack

7 minute read

August 23, 2024 | The Legal Intelligencer

Trump v. United States is decried by some as inviting the president of the United States to be a dictator and by others as a decision that will tie the hands of the activist presidents we demand in the United States.

By Cliff Rieders

14 minute read

August 22, 2024 | Daily Business Review

In the absence of a contractual agreement between the plaintiff and the architect, the general rule that an employer is not liable to the public for the work of its independent contractors will likely shield the architect from vicarious liability for the work of its independent subconsultants, leaving plaintiffs to argue the existence of a nondelegable duty.

By Xavier A. Franco and Michael A. Mullavey

6 minute read

August 22, 2024 | The Legal Intelligencer

Rainmakers take action on this understanding by consistently and intelligently investing time in both business development and thought leadership.

By Steve Fretzin and Wayne Pollock

7 minute read

August 21, 2024 | The Legal Intelligencer

This article examines the relationship between the attorney-client privilege and the duty to maintain confidentiality, including how the two concepts overlap and how they apply under different circumstances.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

6 minute read

August 21, 2024 | Law.com

In a case presenting "a question about the nature and extent to which a federal court may act to resolve a dispute related to a marijuana business that operates legally under state law," a divided panel of the U.S. Court of Appeals for the Tenth Circuit vigorously debated public policy concerns—namely, whether a federal court can enforce a judgment arising from a contract that is illegal under federal law.

By Stephen Masciocchi and Tina Van Bockern

8 minute read

August 21, 2024 | Delaware Business Court Insider

The actual control theory is "not easy to satisfy." In its recent decision, Scianella v. AstraZeneca UK Limited, C.A. No. 2023-0125-PAF (Del. Ch. July 8, 2024), the Delaware Court of Chancery emphasized that plaintiffs have a steep burden even at the pleadings stage to demonstrate actual control.

By Barnaby Grzaslewicz

5 minute read