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Commercial Law

  • In a first-of-its-kind decision, the U.S. Court of Appeals for the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination.

    February 29, 2016Matthew R. Simpson
  • On Jan. 28, the Commerce Department issued a much-anticipated policy statement entitled "White Paper on Remixes, First Sale and Statutory Damages: Copyright Policy, Creativity, and Innovation in the Digital Economy." This article briefly describes the white paper's scope and recommendations, with a focus on the issue of statutory damages, as to which the white paper proposes several amendments to the current Copyright Act.

    February 29, 2016Robert W. Clarida and Robert J. Bernstein
  • One of the most significant early decisions attorneys make when deciding to hang out a shingle is what type of entity would be best for their practice. Choosing the right entity is a must. The right legal structure can save taxes, minimize legal exposure and avert costly business hassles. But is the right choice for yesterday still the right one for today?

    February 29, 2016Marcus E. Dyer
  • Electronic discovery is an ever-changing part of the legal profession. Just when lawyers and their clients feel as though they've mastered the discovery of digital evidence, the rules change or technological advances make e-discovery an even greater challenge.

    February 29, 2016David Horrigan
  • Today's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands, it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.

    February 29, 2016Jason Straight
  • During the past 30 years, corporate legal departments made the move from paper case files, word processing documents, and Excel spreadsheets to what is now the industry standard: enterprise legal management (ELM). This article offers a primer about the primary components of ELM, its cost savings, its benefits, and the relationship between corporate IT and legal departments.

    February 29, 2016Jason Parkman
  • Patent box is the catchy shorthand label that has been given to the tax incentive programs for intellectual property assets that have recently sprung up all over the world. While it may be descriptive of the British system, it is hardly descriptive of most tax regimes in other nations.

    February 29, 2016Lori-Ann Johnson
  • The year 2005 really marked the beginning of the "era of data breaches," and with it, the "era of data breach lawsuits." In its place, what is now commonplace in the wake of major data breaches ' class action "privacy" litigation on behalf of data subjects, seeking millions of dollars in damages, under a dizzying array of legal theories.

    February 29, 2016John Hutchins
  • 2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.

    February 29, 2016Rob Mattern