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22 Jan 2020 Author : InfoPro Community Manager

The Lexis Practice Advisor Journal™ Winter Edition: “Motion Trademarks,” Cyber Insurance, Choice of Law Provisions and more

Get insights on current developments in The Lexis Practice Advisor Journal(TM) Winter Edition.



The Lexis Practice Advisor Journal™ is a quarterly publication that combines in-depth discussion and analysis of some of today’s hottest legal trends, coupled with robust practical guidance you can put to work for your clients. Get a copy of the latest edition right now, compliments of the Lexis Practice Advisor Journal team.



Animated “Motion Trademarks” Grow in Popularity and Legal Protection Around the World
Today, brand owners are increasingly using digital technology to create innovative forms of trademarks that incorporate motion, holograms and other multimedia features. Unlike the United States where trademark law has protected these types of marks for decades, much of the international trademark community has trailed behind. Learn more about how modernized intellectual property laws are evolving in much of Europe, Asia and North America to help protect motion marks. Page 27

Try This: European Union Trademark Registration (EUTM): Searches and Application: Intellectual Property & Technology > Trademarks > International Trademark Considerations > Practice Notes

Drafting Landmines: Choice-of-Law Provisions
Often glossed over as “boilerplate” by drafters and readers alike, choice-of-law provisions can be crucial to successfully prosecuting or defending contract disputes. However, courts frequently find that such provisions are unenforceable in whole or in part, primarily because of drafting pitfalls. Learn about important factors to be considered when drafting choice-of-law clauses—such as varying state contract laws and public policy considerations—and get helpful tips on drafting these all-important provisions. Page 16

Try This: Choice of Law and Choice of Forum Clauses: Commercial Transactions > General Commercial and Contract Boilerplate > Contract Boilerplate and Clauses > Practice Notes



Guidance for Real Estate Developers on Complying with the Endangered Species Act
In the United States, there are over 1,600 species listed as endangered or threatened under the Endangered Species Act (ESA). And the presence of any one of them on private or public land that overlaps with real estate development may impose certain responsibilities on potential buyers and developers. Get an overview of the ESA and learn about some of the obligations the ESA may impose so you can better protect your clients’ interests. Page 31

Try This: Environmental Due Diligence in Real Estate Transactions: Real Estate > Commercial Purchase and Sales > Due Diligence > Practice Notes

Data Privacy Laws, Hackers Put New Emphasis on Cyber Insurance
Data privacy issues are propelling companies to do more than reexamine and shore up their data management solutions to come into compliance with new state laws, such as the California Consumer Privacy Act (CCPA). With the ever-present dangers posed by data breaches, ransomware and other cyber threats, many businesses that handle consumer data are looking to cyber insurance policies to help protect their own survival in case of a catastrophic event. Learn more about cyber insurance coverage and how to help make sure your clients or organization have the right protection. Page 12

Try This: Cybersecurity Insurance Initial Considerations: Data Security & Privacy > Practice Notes