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7 May 2024, 6:38 am by Patricia Salkin
Under RLUIPA’s substantial burden provision: No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution– (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that… [read post]
7 May 2024, 3:57 am
The application was filed under Section 1(b) and the mark had not been put into use, so the applicant claimed acquired distinctiveness from three other BASQUIAT registrations, but the Board found that its supporting evidence fell short. [read post]
7 May 2024, 12:15 am by Josh Richman
Blind and low-vision people have experienced remarkable gains in information literacy because of digital technologies, like being able to access an online library offering more than 1.2 million books that can be translated into text-to-speech or digital Braille. [read post]
6 May 2024, 10:30 pm by David Nagode
While the role of Commission President has certain functions resembling a Head of Government (Craig and de Búrca, p. 32), which require a more political profile, the role of an individual Commissioner itself does not necessarily require large political capital. [read post]
6 May 2024, 10:00 pm by Sherica Celine
Equity cure rights permit a holding company, sponsor, or other shareholder to make an investment in the borrower, thereby providing cash proceeds that allow the borrower to comply with financial maintenance covenants in the credit agreement and preventing or repairing a breach of those covenants. [read post]
6 May 2024, 10:00 pm by Sherica Celine
When a borrower defaults, one of the mortgage lender’s remedies is to acquire the subject property, referred to as real estate owned property (REO property). [read post]
6 May 2024, 10:00 pm by Sherica Celine
Check out this practice note for an overview of the name, image, and likeness (NIL) rights granted to NCAA student-athletes, including NCAA regulations and guidance; state laws pertaining to student-athletes' ability to commercially exploit their names, images, and likenesses; and key considerations for student-athletes, institutions, and corporate sponsors in NIL agreements. [read post]
6 May 2024, 10:00 pm by Sherica Celine
Drafting risk factors is a critical skill for public company counsel working on periodic filings and securities offerings. [read post]
6 May 2024, 10:00 pm by Sherica Celine
Get a summary of—and insight into—OIG’s recently released General Compliance Program Guidance (GCPG) in this practice note from Lynn M. [read post]
6 May 2024, 10:00 pm by Sherica Celine
Learn about the critical issues pertaining to franchise relationships, including applicable state and federal laws governing the sale and post-sale of franchises; termination, renewal, and assignment rights; trademark registration; and joint employment liability. [read post]
6 May 2024, 10:00 pm by Sherica Celine
New and Recently Updated Practical Guidance Content Conservation Easements, Donor Advised Funds, and Sponsoring Organizations: Governing Principles Partnership Taxation: Partner Contributions under Code Section 721(a) Partnership Taxation: Partnership Distributions under Code Section 731 Section 367(b) Proposed Regulations on Triangular Reorganizations and Inbound Nonrecognition Transactions Proposed Regulations on Transfer of Clean Vehicle Credits Under I.R.C. [read post]
6 May 2024, 10:00 pm by Sherica Celine
With Republican commissioners Melissa Holyoak and Andrew Ferguson joining the FTC in March, the Commission has GOP input for the first time in nearly a year. [read post]
6 May 2024, 10:00 pm by Sherica Celine
When a buyer in a private acquisition transaction knows (whether at signing or before closing) that a representation or warranty given by the seller is not true yet closes the transaction anyway and then seeks damages for breach of representation or warranty, the buyer is said to have "sandbagged" the seller. [read post]
6 May 2024, 10:00 pm by Sherica Celine
By now you’ve probably come across correspondence, memoranda, or other documents that you (often correctly) assumed were “written” using ChatGPT. [read post]
6 May 2024, 10:00 pm by Sherica Celine
Environmental considerations are ever-present in construction practice and encompass everything from regulatory and liability concerns to the desire to do business in an eco-conscious way. [read post]