Features
Optional Safety Equipment
<b><i>Part Two of a Two-Part Article</b></i><p><p>In last month's newsletter, the author began a discussion of the manufacturer practice of making increased safety features available to purchasers — but only for a price. The discussion concludes herein.
Features
Legal Tech: e-Discovery: Judge Says 'NO' to Party's Bid to Force Use of Predictive Coding
Would Judge Peck's admiration and advocacy for predictive coding lead him, upon a request by the opposing party, to force a responding party to use it against that party's own wishes? Judge Peck recently faced this issue, putting potential use of predictive coding at odds with established precedent and procedure regarding how to conduct discovery.
Columns & Departments
Movers & Shakers
Movers & Shakers Law firm Venable recently announced the addition of former AOL Inc. chief counsel, Charles D. Curran, as a partner in…
Features
Protecting Counsel Privilege in a Post-Yates Memo World
<b><i>Part One of a Two-Part Article</b></i><p><p>While the Yates Memo makes no formal changes to the DOJ's position on privilege with respect to cooperation credit for businesses, its practical implications could be far-reaching.
Features
Late Notices of Claim on Behalf of Infants
<b><i>Two New York Case Studies</b></i><p><p>An application for a late notice of claim sounding in medical malpractice on behalf of an infant must be brought within the 10-year statute of limitations running from the date of the malpractice. This article examines two decisions from New York's highest court, the Court of Appeals, addressing such applications.
Columns & Departments
Med Mal News
For Nursing Home Patients, No More Compelled Arbitration
Features
Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and Divorce
Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection with the implementation of the marital settlement agreement or divorce.
Features
Essential Qualities of Successful Rainmakers
Although a handful of law firms has hired non-lawyer sales teams, most still rely upon individual attorneys or practice groups to generate new client matters (i.e., to sell) even though the majority of them have never received business development skills training. This article describes some of the important characteristics and habits shared by attorneys who have built successful practices.
Features
Software and Business Method Inventions After <i>Alice</i>
As important as software and business method inventions are in the new digital economy, it is often unclear whether they can be patented. This uncertainty is largely due to a legal rule that “abstract ideas” are not eligible for patent protection, which is based on a long line of U.S. Supreme Court cases, with <i>Alice Corporation v. CLS Bank</i> being the most recent and influential.
Features
Drafting Film Production Compensation Clauses In Light of State Tax Credit Requirements
Compensation provisions in entertainment contracts are in one or two subparagraphs. To simplify drafting and to use “plain English,” the compensation provisions often contain introductory, governing language along the lines of: “In full and complete consideration for entering into and performing all of the terms hereof.” However, is such a “plain English” approach always a “best practice”?
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The Roadmap of Litigation AnalyticsLitigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it's based on data that is complete and accurate.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Understanding the Potential Pitfalls Arising From Participation in Standards BodiesChances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.Read More ›
