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<i>Versata v. SAP </i>: Definitions Are Now the Name of the Game
Robert R. Sachs
<i>Versata Development Group v. SAP America</i> was a closely watched case since it was the first appeal to the Federal Circuit of a Covered Business Methods review by the PTAB under Section 18 of the America Invents Act. This article addresses the court's reasoning regarding the definitions of a covered business method patent, and how that reasoning is at odds with norms of statutory construction, technological innovation, and claim drafting.
Features
Dewey Witness Says She Never Intended To Defraud
Nell Gluckman
A cooperating witness in the Dewey & LeBoeuf criminal trial, Dianne Cascino, testified last month that she didn't believe she was breaking the law when she made accounting adjustments as the firm's director of revenue support.
Features
Buyout Funding and Death Benefits
Lawrence L. Bell
Professional service organizations traditionally have elected a pass thru entity status (S Corp., LLC, LLP, partnership) in order to reduce double taxation at the principal's level. Similar additional taxation may occur with C Corps. and accumulated earnings tax as well as other confiscatory grabs. These issues create an impediment for the current accumulation of funds to satisfy a principal's buyout in future years.
Features
It's Time for a Data Protection Checkup
Alan Friel
This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.
Features
A Practical Primer On Production Format Requests
Helen Geib
The electronic format that electronically stored information is produced in is a necessary component of e-discovery. This article offers a primer on production format issues by diagramming a template request in order to explain both the technical meaning and practical significance of the terms.
Features
Understanding Bias in Workers' Comp Medical Exams
Andrew E. Greenberg
The reality of workers' compensation life is that "bias" is rampant in the system ' especially when it comes to medical proof presented in litigated matters. This inherent bias should be scrutinized in full context.
Features
Cybersecurity Data Sharing Now Available To Law Firms
Christine Simmons
Law firms now have access to a platform that allows them to share data on cybersecurity threats anonymously.
Features
e-Mail Risk Mitigation For Law Firms
William O'Brien
Each day, attorneys create and handle documents that require strict confidentiality to avoid loss of evidentiary privileges. In today's digital workplace, many of these files are exchanged via e-mail. While e-mail allows for convenience, speed and portability, each attorney using e-mail must ask before sending: "Am I putting my client's confidentiality needs and expectations, as well as my ethical obligations, at risk?"
Columns & Departments
IP News
Jeffrey S. Ginsberg
Federal Circuit: District Courts Must Address <i>Intel</i> Factors In Determining Whether to Modify A Protective Order In Foreign Proceedings <br>Federal Circuit Applies An 'Abuse of Discretion' Standard of Review for a PTO 'Special Circumstances' Determination
Features
Recent Challenges To the FTC's Data Regulation Authority
Stephen Treglia
Early on in 2015, pundits were already predicting that the extent and number of data breaches from 2014 would severely pale in comparison to those that would occur in 2015. Inevitably, people across the country, victims, media, members of government, and even litigious-minded attorneys, are scrambling to determine what legal recourse exists to not only retroactively seek retribution, but also proactively enforce data security methods ' a task that is still at its nascent stages of development.
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