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Trademark Use in the U.S.

Demystifying What Constitutes an Acceptable Specimen of Use Evidence of use is, in most circumstances, essential to securing and maintaining a U.S. trademark registration. Subject to certain limited exceptions involving foreign trademarks, the U.S. Trademark Office will not issue a U.S. trademark registration without appropriate proof of use. Similarly, to maintain a U.S. trademark registration,…

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Purchasing New Real Estate? Three Important Title Considerations.

Buying a new home or acquiring a piece of commercial property can be an exciting time. With both buyer and seller eager to move forward, sometimes the specifics can be rushed. The following checklist provides select tips for addressing potential title issues with your purchase: 1. Check your policy to see what your title insurance…

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Employment Law Update: Delaware Supreme Court Takes a Stand on Restrictive Covenants

In Cantor Fitzgerald, L.P. v. Ainslie, C.A. No. 9436 (Del. Jan. 29, 2024), the Delaware Supreme Court signaled to its lower courts that many well-drafted restrictive covenants remain valid and enforceable. The Cantor Court unanimously reversed the Delaware Chancery Court’s ruling, which had rejected as unenforceable a financial services company’s limited partnership agreement clause under…

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Undue Influence – Presumed Elder Abuse

Undue influence is a form of elder abuse. Undue influence is so societally distasteful that, in particular circumstances, one accused of undue influence is legally presumed to have done it. In such situations, the accused shoulders the legal burden of rebutting the presumption with evidence that they didn’t do it rather than the other way…

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M&A Nuggets: The Little Things Can Add Up

Most of the time and effort on an M & A transaction is rightfully devoted to the big ticket items – the enterprise value, the due diligence process, negotiations over indemnifications and post-merger integration.  As a result, less significant items, or the “little things”, may be swept under the rug and not paid attention to. …

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OK at Work: Returning Back to the Office

On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the growing trend of employers bringing employees back into the office with more frequency. While employees benefitted from the flexibility necessitated by the pandemic, some employers have struggled to manage and engage a workforce that is prominently remote-based. However, in trying to remedy…

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Can Your Trademarks Come Out and Play?

Trademarks at the NFL’s Biggest Game The recent Super Bowl was a hard-fought, nail-biter of a game between the Kansas City Chiefs and the San Francisco 49ers. Ultimately, the Chiefs came out on top in dramatic fashion. For the National Football League and its sponsors, their brands were on prominent display and widely celebrated (or…

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Lost in Translation: Blunders in International Estate Planning No. 2

Welcome to “Lost in Translation: Blunders in International Estate Planning.” This blog series explores the rarified world of international estate planning, uncovering potential pitfalls and providing insights to navigate the complexities.   Blunder No. 2: Overlooking the Role of Cash as King There are numerous proverbs and sayings regarding money: You can’t take it with…

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Exploring Alienation in Family Law

Understanding Its Impact and Addressing the Challenges Among the many complexities that arise within family law, alienation stands out as a particularly challenging issue. Alienation in the context of family law refers to situations where one parent or family member deliberately undermines the relationship between a child and another parent or family member. This phenomenon…

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Navigating High-Asset Divorce Cases

High-asset divorces typically involve couples with substantial wealth, including real estate, investments, business interests, and other valuable assets. These cases require a meticulous approach to ensure a fair and equitable distribution of assets, spousal support, and child custody arrangements. Determining the value of complex assets such as businesses, stock options, and intellectual property can be…

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