Law Journal Newsletters | Legal Trend Analysis for Attorneys

From Good to Great: How Law Firms Achieve Best-in-Class Profitability

Gary Allen

What makes a law firm a best-in-class financial performer — and how to make my own practice more successful and enjoyable? This article provides simple principles any small to midsize law firm can use to improve performance.

Latest Features

ICE at the Workplace: A Toolkit for Employers

Marjorie Peerce & R. Stephen Stigall & Schuyler La Barge

Imagine you are the general counsel of a company that maintains warehouses across the country with thousands of employees and you have heard that the government is visiting warehouses like your company’s to check the employment authorization of employees and potentially seeking to detain anyone the government believes may be undocumented. It is critical that you remain informed and ready to face increased scrutiny of your employees’ immigration status at your places of business.

The Curious Persistence of the Six-Factor Trade Secret Test

Richard Rothman

This two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.

The Importance of Change Management In Law Firms: Winning Lawyers' Support for Behavioral Change

Mike Mellor

Law firms, based on precedent, steeped in tradition, and historically resistant to disruption, often struggle with change management. Yet, in today’s rapidly evolving legal landscape, adapting to new technologies, processes and client expectations is no longer optional — it’s essential for survival.

How the Kasowitz Decision Puts Attorney Fee Provisions in Proprietary Leases on Shaky Ground

Robert J. Braverman

A bedrock of living in a New York City co-op has been the notion that a tenant/shareholder who breaches their proprietary lease or drags their building into expensive and protracted litigation will be responsible for reimbursing the co-op corporation for the expenses incurred as a result of the breach, including the corporation’s reasonable attorneys’ fees. However, a recent decision from the Appellate Division, First Department has thrown this well-established concept into flux.

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Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Sender Beware: Jurisdictional Risks of Pre-Litigation Communications
The Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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