New Year’s Resolution – Record Retention Policy
I spent some time over the holidays cleaning out my parent’s personal record files. I found tax returns and investment reports dating back to the 1990’s. I found legal documents related to sales of real estate from 1984. And I found lots of miscellaneous warranties, instruction booklets, quarterly account reports, and bank statements from several […]
Trademark Nominative Fair Use in an Emoji World
This article explores the history of trademark nominative fair use and the recent case filed by In-N-Out Burgers against Door Dash. It looks at whether there is potential for a shift in traditional thinking about what is allowable under fair use in light of changes in our culture and how we use apps and visual […]
Bob Dremluk Publishes Update on Cram Down Interest Rates
Bob Dremluk has published a follow up article in The Bankruptcy Strategist and the Equipment Leasing Newsletter in connection with the cram down interest rate decision in the Momentive Chapter 11 cases. Briefly, United States District Judge Vincent L. Bricetti affirmed the confirmation order issued by United States Bankruptcy Judge Robert D. Drain in the MPM […]
Indemnification in a Multi-Supplier Environment
End user customers of a software vendor typically request that the solution vendor contractually agree to a defense and indemnification obligation for claims brought by a third party alleging infringement of that third party’s intellectual property rights relating to software provided by the solution vendor. Because such a defense and indemnification obligation may be subject to a […]
Ninth Circuit: “Fair Use ” Doctrine Must be Weighed Before DMCA Take-Down
You’ve just posted a too-cute video of your 13-month-old son bopping to a song (“Let’s Go Crazy” by Prince, as he then was) on YouTube. It gets a couple of hundred views and then YouTube pulls it down– because Universal Music, in charge of playing copyright cop for the song, filed a takedown notification under […]
Representations and Warranties: How Should I Know?
Anyone who deals with contracts, whether as a lawyer or a client, is familiar with representations and warranties. Nearly all commercial agreements have them in some form or another. Often each party will “rep and warrant” to the other that it was properly organized and is currently in good standing in its state of formation, […]
Bob Dremluk Discusses Cram Down Interest Rates
The July 31, 2015 issue of The Bankruptcy Strategist contains an article written by Bob Dremluk about a recent case law development in the Momentive bankruptcy cases with respect determining the cram down interest rate for a secured loan in a Chapter 11 case. On appeal from an order confirming the debtors’ Chapter 11 plan the […]
Combatting Online Unauthorized Resellers of Your Company’s Genuine Products
Unauthorized online resellers have become a real problem for US manufacturers. They seem to be able to sell your products for less than you do. This is because they have no overhead or advertising expenses. Some have access to grey market goods—your products sold for less in
Bob Dremluk Selected as Member of NYC Bar Association Bankruptcy and Corporate Reorganization Committee
On June 3, 2015, Bob Dremluk was invited to serve on the Bankruptcy & Corporate Reorganization Committee of the New York City Bar Association for a term beginning September 2015 and ending August 2018 (Class of 2018). This Committee is one of the most sought after committees within the New York City Bar Association and […]
Trademark Law Update: Paying Attorneys’ Fees—Even When You Win
In a recent opinion, the US Circuit Court of Appeals for the Fourth Circuit held that the provisions of the Lanham (Trademark) Act permitting appeal of ex parte decisions of the Trademark Trial and Appeal Board to a federal district court require the appealing trademark owner to pay the USPTO’s attorneys’ fees and costs—even if […]
Bankruptcy-Proofing your Contracts?
Bankruptcy Proofing Your Contracts: A Summary of Bankruptcy Protection Devices The never-ending quest for suppliers of credit, goods and services is to create the contracts and procedures that will insulate them from the consequences of bankruptcy filings by the counterparties to their agreements. This article touches on many of the methods and concepts that can […]
Virginia Supreme Court Sidesteps Decision on “Unmasking” Standard for Anonymous Posts
When a business is attacked in an anonymous website post, the first hurdle it typically faces in seeking redress is identifying who wrote the post. The problem can be a particularly serious one for businesses that attract customers from review sites. Those who follow this area of the law have been waiting with anticipation for […]