Article"Stormy Weather": [Was] The Sun Up In The Sky?The Board moved for summary judgment dismissing the complaint on the ground that the "storm in progress" rule applied.United StatesReal Estate and ConstructionSmith Gambrell & Russell
ArticleTaxable Versus Tax-Exempt Bond Financing For Project FinancingWhen an industrial expansion will create jobs, revenues and development, many communities will offer incentives to attract the location.United StatesTaxSmith Gambrell & Russell
ArticleLetter Agreements: Risks, Purpose, And What To IncludeIn the fast-paced construction market, contractors on smaller projects, and even some contractors on bigger projects, might be asked to begin work before entering into a formal written contract. United StatesCorporate/Commercial LawSmith Gambrell & Russell
Article5 Ways To Address The Legal Risks Of Joint EmploymentFranchisors must exercise caution in how they support franchisees on the labor front. In recent years, the franchise world has been upended by an aggressive, anti-franchise, NLRB. United StatesEmployment and HRSmith Gambrell & Russell
ArticleNLRB General Counsel Expounds On The Illegality Of Most Non-Compete Provisions And Declares Many "Stay-or-Pay" Provisions Illegal Under The NLRAOn October 7, 2024, the General Counsel of the National Labor Relations Board ("NLRB") issued a memorandum (the "Memorandum") to all NLRB Regional Directors, Officers-in-Charge, and Resident Officers...United StatesEmployment and HRSmith Gambrell & Russell
ArticleThe FTC's New Rule Bans Majority Of Non-Compete AgreementsOn April 23, 2024, the Federal Trade Commission, chaired by Lina Khan, passed a comprehensive ban on non-compete agreements.United StatesEmployment and HRSmith Gambrell & Russell
ArticleOnshoring And The Biden AdministrationPresident-Elect Biden campaigned on a platform that included a focus on continued onshoring of the production of "critical products." United StatesGovernment, Public SectorSmith Gambrell & Russell
ArticleFederal Circuit Finds That "Effective" Extension Of Term For Additional Patent Is A "Permissible Consequence" Of Patent Term Extension Provisions Of 35 U.S.C. §156Earlier this month, the United States Court of Appeals for the Federal Circuit issued an opinion in the case of Novartis AG et al., v. Ezra Ventures LLC, case number 2017-2284.United StatesIntellectual PropertySmith Gambrell & Russell
ArticleTHE SLANTS Mark Registrable As Prohibition Of "Derogatory" Marks Held Unconstitutional By The Supreme CourtOn June 19, 2017, the United States Supreme Court issued a landmark decision in Matal v. Tam, 582 U.S. ____ (2017), unanimously holding the disparagement clause in the Lanham Act unconstitutional on the ground that it violates the First Amendment.United StatesIntellectual PropertySmith Gambrell & Russell
ArticleThe Slants Mark Registrable As Prohibition Of Derogatory Marks Held Unconstitutional By The Supreme CourtOn June 19, 2017, the United States Supreme Court issued a landmark decision in Matal v. Tam, 582 U.S. ____ (2017), unanimously holding the disparagement clause in the Lanham Act unconstitutional... United StatesIntellectual PropertySmith Gambrell & Russell
Article[De]Constructive Trust: Romance In RuinsFirst year law school students often take a course about equitable remedies, one of which is the imposition by the Court of a "constructive trust". United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleCase Studies: High-Profile Cases of Privacy ViolationThe scenario: In August 2018, the FTC announced an expanded settlement with Uber Technologies for its alleged failure to reasonably secure sensitive data in the cloud ...United StatesPrivacySmith Gambrell & Russell
Article"Water Closet" Brawl Ends In A Legal DrawEvery square inch of space allotted to an apartment in an Upper East Side high-rise residential cooperative has utility and value.United StatesReal Estate and ConstructionSmith Gambrell & Russell
ArticleBundle…Down: Unbundled Fees Are Here To StayRoad warriors rejoice! Unbundled airfares have made travel simpler and cheaper. United StatesTransportSmith Gambrell & Russell
ArticleNew York Forward Loan Fund – New York State's Financial Aid To Reopening BusinessesOn Tuesday, May 25 2020, Governor Cuomo announced that New York State has established a new loan program to assist COVID 19 impacted small businesses, nonprofits, and small landlords. United StatesCoronavirus (COVID-19)Smith Gambrell & Russell
ArticleCayuga Nation Battles "Billions" At Showtime: Did Episode Constitute Actionable "Libel By Fiction"?Did an episode of "Billions" on Showtime defame Cayuga Nation and Clint Halftown? Their suit for defamation against Showtime Networks Inc., United StatesLitigation, Mediation & ArbitrationSmith Gambrell & Russell
ArticleUnintended ConsequencesEstate planning for family business owners is big business for many wealth advisors, not only because of the large (and increasing) federal estate tax exemption...United StatesFamily and MatrimonialSmith Gambrell & Russell
ArticleNegotiating The Use Provision In A Commercial LeaseOne of the most overlooked but vital provisions when negotiating a commercial lease is the "use" provision.United StatesReal Estate and ConstructionSmith Gambrell & Russell
ArticleStartups And Intellectual Property: A Pair Of Cautionary TalesTech startup companies often rely on patents and other types of intellectual property (IP) rights to help safeguard against competition, thereby protecting their investors and increasing the chance...United StatesCorporate/Commercial LawSmith Gambrell & Russell