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A Broadening Consensus to Narrow Asset Forfeiture Image

A Broadening Consensus to Narrow Asset Forfeiture

Edmund W. Searby

It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.

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Medical Marijuana Image

Medical Marijuana

Stephanie Dutchess Trudeau

<b><I>Accommodating Employees Who Use It</I></b><p>Here is the latest tip for employers: Do not be too quick to "just say no" to medical marijuana. The "it's a federal crime" escape hatch employers invoked previously has been closed by more and more courts in states with medical marijuana laws.

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Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA Image

Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA

Steven M. Silverberg

A recent decision described herein appears to fix a narrower standard in determining what constitutes a substantial burden on religious exercise under RLUIPA than had been followed in previous decisions.

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Selling the Value of Litigation Support Image

Selling the Value of Litigation Support

Stephen Cole

When it comes to practicing litigation, the use of technology is no longer optional. What is optional, however, is under which business model firms deliver this service to their clients, and how to determine which model balances the most value — to the client and the firm.

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Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision Image

Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision

Janice G. Inman

On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.

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The Food Safety Modernization Act Image

The Food Safety Modernization Act

Michael A. Leichtling

Comprising the largest rewrite of U.S. food safety regulations in more than 70 years, the Food Safety Modernization Act (FSMA), which was signed into law on Jan. 4, 2011, has broad implications for almost all constituents involved in the food and feed industry. But FSMA's effect on equipment lessors and other secured lenders requires some consideration and analysis.

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Psychological Subjugation: The Elusive Form of Abuse Image

Psychological Subjugation: The Elusive Form of Abuse

David A. Martindale

Mental health and legal professionals must devote more resources to studying the interpersonal dynamics of subjugation that is accomplished without resort to physical force, and the implications of these dynamics for the appropriate adjudication of custody/access disputes.

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Is This Really Patentable? Image

Is This Really Patentable?

Louis L. Touton, Steven J. Corr & Nickou Oskoui

<b><i>Strategies to Defend Against Patent Claims by Raising Lack of Patentable Subject Matter in District Court Litigation</b></i><p>With the Supreme Court's decision in <i>Alice</i>, parties defending against a claim of patent infringement gained a potential way to find an early resolution to patent litigation.

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Substantive Non-Consolidation Opinion Letters Image

Substantive Non-Consolidation Opinion Letters

Paul A. Rubin & Hanh V. Huynh

<b><I>Considerations for Bankruptcy Counsel</I></b><p>Substantive non-consolidation opinion letters have long been a regular “check-the-box” item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.

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<b><i>BREAKING NEWS:</b></i><br> Appeals Court Finds for Uber, Says App Made Service Terms Clear Image

<b><i>BREAKING NEWS:</b></i><br> Appeals Court Finds for Uber, Says App Made Service Terms Clear

B. Colby Hamilton

Uber made it clear that users were agreeing to terms and conditions, including the waiving of a jury trial in favor of arbitration, when they downloaded and used the app, the U.S. Court of Appeals for the Second Circuit ruled.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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