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Features

The Settlement Privilege and the Threat of Legal Action Image

The Settlement Privilege and the Threat of Legal Action

Stanley S. Arkin & Lisa C. Solbakken

Is there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege? This article explores the question.

Features

New Fee Models for the New Economy Image

New Fee Models for the New Economy

Anthony L. Lamm

To remain competitive in the new economy, both inside and outside leasing counsel are exploring and utilizing various alternative fee arrangements (AFAs). This article explores the use of AFAs by leasing counsel, and offers some insight into how they may be more effectively utilized.

Features

Transforming e-Discovery Into a Standard Business Process Image

Transforming e-Discovery Into a Standard Business Process

Scott M. Giordano

In recent years, the need to treat e-discovery as a repeatable, streamlined process has been well-evidenced by a series of U.S. court opinions citing a wide range of e-discovery failures, including those related to preservation of electronically stored information (ESI), document productions and identification of potential custodians.

Features

Linking Business Development to Partner Compensation Image

Linking Business Development to Partner Compensation

Timothy B. Corcoran

In recent years, as client fee pressure has increased and client loyalty has decreased, law firms are investing significant time and money in business development programs. Some partners receive training to dust off selling skills that were largely unnecessary during a time of plenty. Other partners receive training, then individualized coaching, then more training, then more coaching, in an often-futile attempt to turn everyone into a capable rainmaker.

Features

Obama Weighs In To Favor Net Neutrality Image

Obama Weighs In To Favor Net Neutrality

Steven Salkin

President Obama, saying he is fulfilling a promise he made during his 2008 presidential campaign, stepped onto the "net neutrality" battlefield on Nov. 10 by releasing a statement (complete with video) calling on theFCC to adopt rules that prevent Internet service providers from charging more for faster online access and that "protect net neutrality."

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Complaint States Direct Infringement Claim Against Fan Websites Operator<br> Direct Seller WWE Wins <i>Ex Parte</i> Order for Stopping Merchandise Counterfeiters

Features

What Constitutes 'A Sale' and 'an Offer to Sell'? Image

What Constitutes 'A Sale' and 'an Offer to Sell'?

Veronica Mullally Munoz & Andrew J. Cochran

The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.

Columns & Departments

IP News Image

IP News

Howard J. Shire & Wyatt Delfino

Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained

Features

Proactive Information Governance Image

Proactive Information Governance

Rene Laurens

Information governance (IG) is how organizations tackle growing data volumes ' identifying what's important, what isn't, and what to do with it all.

Features

Legal Minefields In Using Twitter For Promotions Image

Legal Minefields In Using Twitter For Promotions

Jesse M. Brody & Suemyra A. Shah

In today's digital era where consumers rely heavily on social media for news and entertainment, it has become increasingly common for entertainment companies to join the conversation on popular platforms such as Twitter, Facebook and Instagram. Marketers have found that authentic and meaningful engagement with consumers on Twitter can have a lasting impact.

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