Features
<i>Cuozzo</i> Upholds PTAB Authority
In June, in <i>Cuozzo Speed Technologies</i>, the Supreme Court upheld the prior Federal Circuit decision that a patent owner cannot, in most circumstances, appeal the decision of the Patent Trial and Appeal Board to institute an inter partes review.
Columns & Departments
In the Courts
Discussion of a case in which the Supreme Court vacated the conviction of ex-Virginia Governor Bob McDonnell.
Features
Bilingual Trials
With the growth in international commerce and diversity of the United States population, general counsel are increasingly finding themselves dealing with bilingual trials. Here is what you need to know.
Features
Tips for Litigating Non-Compete Agreements
When a key employee leaves an entertainment company, it can be traumatic for all concerned. These days, such an employee is often subject to restrictive non-compete covenants that are designed to protect the prior employer. Such covenants typically prohibit competition, solicitation and the disclosure of confidential information. In considering litigation relating to such agreements, the following tips may help guide the analysis.
Features
FTC Settles with Warner over Paid 'Influencers'
When the FTC ramped up its scrutiny of so-called "native" advertising this year, regulators faulted the department store chain Lord & Taylor for failing to disclose that seemingly objective promotions of a clothing collection were, in fact, paid for by the fashion retailer. Then in July 2016, the FTC showed that a company can make disclosures but still fall short of being fair to customers.
Features
<b><i>Breaking News:</b></i> Microsoft Prevails on Appeal in Dodging Warrant for Foreign E-mails
Microsoft and other U.S.-based internet service providers won a major victory on July 14 at the U.S. Court of Appeals for the Second Circuit, which reversed a lower court in finding the company is not required to comply with a U.S. warrant for customer e-mails stored on a server in Dublin.
Features
<i>Kirtsaeng</i> Clarifies Attorney's Fees Standard In Copyright Cases, Injects More Uncertainty Into Availability of Fee Awards
Issuing its second decision in Supap Kirtsaeng's long-standing dispute with John Wiley & Sons ' and its first copyright decision in nearly two years ' the SCOTUS recently clarified the applicable standard for evaluating the appropriateness of an attorney's fee award under Section 505 of the Copyright Act, holding that a district court should give substantial weight to the objective reasonableness of the losing party's position, while also taking into consideration all other circumstances relevant to the attorney's fees inquiry.
Columns & Departments
IP News
Federal Circuit Remands PTAB Decision Due to Claim Construction Change <br>Supreme Court Restricts Challenges to PTAB's Institution Decisions and Upholds Broadest Reasonable Interpretation Standard in IPR Proceedings
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2016, as well as some recent cases of interest.
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MOST POPULAR STORIES
- 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 ›
- 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 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 ›
- Read This Before You Set Your 2018 Billing RatesSetting the next year's billing rates follows a simple formula at most firms: last year's rate plus a common percentage increase across all lawyer cohorts. A more disaggregated approach is needed -- firms should set higher percentage increases for senior lawyers and lower increases for junior lawyers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
