Features
Practical Pathways for the Next Generation of e-Discovery Professionals
The e-discovery industry has come a long way in a short period of time. Fifteen years ago, the career path of an aspiring legal technology professional was quite uncertain. However, over time, clearer career trajectories have begun to emerge based on the career choices of pioneer ' and now veteran ' e-discovery professionals. Analyzing the divergent hiring strategies of service providers and law firms helps reveal those career trajectories.
Features
Honesty Issues and Imputed Income
In Part One of this article, we looked at some of the factors courts use in determining whether to impute income to a divorcing spouse, and how much. But one of the most powerful influences on a court's decision to impute income may be its suspicion that a party simply is not being as forthcoming with the truth as he or she should be.
Features
New Jersey's Offer of Judgment Rule
The New Jersey Supreme Court has vigorously defended its supremacy with respect to the administration of the courts from intrusion by other branches of government. The Separation of Powers Doctrine is premised on the theory that government works most efficiently when each of the three branches of government acts independently within its designated sphere.
Features
<i>Online Extra:</i> Hulu Loses Bid to Short Circuit Privacy Case
U.S. Magistrate Judge Laurel Beeler ruled Hulu's alleged disclosure of users' viewing selections is enough to sustain claims under the Video Privacy Protection Act.
Columns & Departments
IP News
Federal Circuit Affirms Dismissal of Customer's Third-Party-Beneficiary Claim under First-to-File<br>Supreme Court Applies Atlantic Marine Standard to Forum Dispute in Patent Case<br>Claimed Inventions Falling within Prior Art Ranges Require Secondary Considerations to Show Nonobviousness
Features
Three for Three
As can be expected, bankruptcy cases often involve numerous claimants holding general unsecured claims against the debtor. As a result, an official committee is usually appointed under Bankruptcy Code section 1102 to represent the interests of all of the debtor's unsecured creditors. Upon approval of the bankruptcy court, Bankruptcy Code section 1103 authorizes the committee to retain attorneys, accountants and other professionals to assist it in performing its services during the course of the bankruptcy'
Columns & Departments
Business Crimes Hotline
The collapse of a UK Bribery case is discussed.
Features
Your e-Discovery Bucket List
One of the most persistent problems encountered in e-discovery is that when all you have is a hammer, everything looks like a nail. As a result, in-house teams that have been subject to resource constraints and staff reductions must approach their litigation more thoughtfully and creatively than ever before. They need to establish an e-discovery "bucket list" that contains both new tools and basic processes to use when things go pear shaped.
Features
Google's Mass Copying of Copyrighted Works Judged 'Fair Use'
Google's mass-copying of copyrighted works to build a digital library of more than 20 million books is shielded by the fair use doctrine, Judge Denny Chin ruled on Nov. 14.
Features
Soul Men Ruling Latest to Demonstrate Courts' Shift To Transformative Use Test In Publicity Rights Cases
Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›