Dykema Gossett PLLC

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Articles & Interviews

Real Estate

Real Estate Deals Demand a Delicate Balance

MCC: In a complex real estate project, any one stakeholder can crater a potentially lucrative deal. How do you keep everyone on board? Scott: The key is meeting the needs of the different parties involved – the lenders, sellers, tenants, municipalities and the developers themselves. In...

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Letting the Genie out of the Bottle: Has Texas reverted to the common law “open and obvious danger” rule?

The risk/utility test has been a fixture of products liability law for decades. The test provides that a product is unreasonably dangerous, that is, defective, if its risks outweigh its utility. To determine whether a product is unreasonably dangerous, a jury balances a product’s risk...

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Intellectual Property

Trademarks – Not What They Used To Be: Courts expected to seriously revisit First Amendment issues

MCC: One highly publicized trademark case involves the NFL team the Washington Redskins. The team’s longstanding trademark has been deemed to be disparaging to Native Americans. What are the issues and any decisions from the court around disparagement and federal trademark registration as...

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