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Verdicts
Recent rulings of interest to you and your practice.
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Practice Tip: Putting a Product on Trial Without Compromising the Defense
A discussion of the current state of the law pertaining to the self-evaluative privilege.
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Liability of Corporate Actors Under the Alien Tort Statute
Recent decisions from the Second Circuit, rejecting corporate liability under the ATS and imposing high standards for successful aiding and abetting claims, provide a fresh look at ATS claims involving corporate actors, with potentially broad implications for this area of litigation.
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Supreme Court 4-4 Split Decision Results in Affirmance on Limitation of First Sale Doctrine
On Dec. 13, 2010, the U.S. Supreme Court affirmed a Ninth Circuit decision limiting the first sale doctrine to copyrighted works manufactured in the United States or sold with the copyright holder's authority.
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Non-Authority for Non-Recruitment Covenants Under New York Law
While many employers have written employment contracts with restrictive covenants designed to hinder employees from departing for a competitor, the state and federal courts considering New York law have not uniformly enforced such provisions.
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Bit Parts
Concert Litigation Lawyers Prevail in Legal Malpractice Case<br>Forum Selection Clause in Jersey Shore Appearance Release Ruled Enforceable<br>Online Music Service Is Subject to Jurisdiction in CA
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First Sale Doctrine Gets Multiple Views In Ninth Circuit
Recently, there has been a spate of Ninth Circuit rulings on the first sale doctrine ' all of which have implications for the entertainment industry.
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Second Circuit Affirms Designation of Secured Lenders' Vote and Effective Cram Down
The Second Circuit summarily affirmed a bankruptcy court's designation of a secured lender's vote on a reorganization plan in a two-page order, effectively enabling the debtor to cram down the lender's claim.
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Is Anyone Not a Foreign Official Under the FCPA?
The DOJ has brought cases against companies and individuals in relation to their dealings with state-owned enterprises based on a broad reading of the term "instrumentality," a term not otherwise defined in the statute prohibiting corrupt payments to "foreign officials.
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How Legal IT Can Avoid the Pitfalls of Risky ESI Collections
In almost every respect, e-discovery falls squarely in the domain of attorneys ' inside counsel, outside counsel and experts. Essentially, it is the business process for litigation, regulatory matters and internal investigations. So why is IT involved in almost every situation? The answer is quite simple: because IT must be involved.
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- 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 ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?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 ›
