Kristie Rearick is the magazines and publications editor at The Legal Intelligencer. She handles contributed content for the newspaper. Contact her [email protected].
August 26, 2024 | New York Law Journal
Beyond the Brand Name: Why Nontraditional Trademarks Should be in FashionUnique 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
How AI Is Impacting Legal Issues and Priorities in the Fashion IndustryThis 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
Pa.'s Insurance Data Security Law—Getting Ready for the Second PhaseIf 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
Understanding Parent-Child Contact Problems in Family Law CasesThe 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
The People Versus the US Supreme Court—Who Is in Charge?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
An Architect's Liability for Others' WorkIn 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
Want to Be a Rainmaker? Master Balancing Business Development and Thought LeadershipRainmakers 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
The Attorney-Client Privilege and the Ethical Duty to Maintain ConfidentialityThis 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
Tenth Circuit Affirms Judgment in Marijuana Business Dispute But Remands Order Enforcing Judgment Over Public Policy ConcernsIn 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
Minority Stockholder Was Not a Controller Because Plaintiff Did Not Adequately Plead Actual Control of the Company's Business AffairsThe 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
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