Legal Research

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Second Circuit Review
Wednesday, July 22, 2009
By Martin Flumenbaum and Brad S. Karp

"Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, analyze a recent case where the Second Circuit ruled that in sentencing a criminal defendant who had entered into a cooperation agreement with the government, the district court erred in effectively refusing to consider the extent of the defendant's cooperation following the defendant's breach of one provision of the agreement, notwithstanding that the government chose to honor the agreement by submitting a letter pursuant to Section 5K1.1 of the United States Sentencing Guidelines."

Patent and Trademark Law
Wednesday, July 22, 2009
By Robert C. Scheinfeld and Parker H. Bagley

"Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write: 'After Rescuecom, the Second Circuit has joined other courts in holding that the use of a trademarked phrase as a search keyword is a 'use in commerce.' Rescuecom further seems to suggest a similar willingness to permit claims against advertisers who purchase the keywords themselves, because arguably there is no reason to hold search engines and advertisers to different standards as to what constitutes 'use in commerce.'"

OUTSIDE COUNSEL:

Modifying an Irrevocable Trust: The Art of Decanting
Wednesday, July 22, 2009
By Philip J. Michaels and Michelle Schwartz

"Philip J. Michaels, a partner at Fulbright & Jaworski, and Michelle Schwartz, an associate with the firm, discuss 'decanting' - a powerful tool that may be available to modify the terms of an irrevocable trust. A decanting statute, they explain, allows the trustee of a trust to transfer all or part of the original trust's assets into a new trust instrument with different terms, thereby altering or amending the irrevocable original trust."

REAL ESTATE TRENDS:

Decision Case Sets Roadmap For Nonconforming Use Law
Wednesday, July 22, 2009
By Anthony S. Guardino

 "Anthony S. Guardino, a partner at Farrell Fritz, reviews a recent Court of Appeals zoning law opinion which explained the requirements for a party seeking a prior nonconforming use exception to a zoning ordinance. The party must, the Court held, establish specific actions constituting an overt manifestation of its intent to utilize the property for the ascribed purpose at the time the zoning ordinance became effective; a mere contemplation of purpose, lacking supportive evidence of undertakings to effectuate such intentions, will not suffice."