SharePoint and Discovery Collide
Imagine if that same lawyer and IT professional could turn back time to the late 90s and come up with a solid policy to govern how e-mail was created, stored and disposed of that not only satisfied the legal requirements, but was also enforceable from an IT perspective. That is where we are right now with SharePoint. Have we learned a lesson?
Minimizing Client and Internal Pushback on Soft-Cost Recovery
The recovery of costs directly attributable to a client over and above the fees being charged is a common practice in the legal industry. The justification behind the practice was that clients' generated expenses were above and beyond overhead expenses and were directly attributable to the individual, as they were not included in the hourly rate charged by the firm.
IP News
Highlights of the latest intellectual property news from around the country.
Features
A Turning Point?
Since its decision in <i>BMC Resources, Inc. v. Paymentech, L.P.</i>, the Federal Circuit has continued to raise the bar for direct infringement of a method claim where the claimed steps are performed by different entities.
Prometheus and Patentable Subject Matter Under 35 U.S.C. ' 101
The recent protracted dispute between Prometheus Laboratories and Mayo Collaborative Services has shed some light on the post-<i>Bilski</i> threshold for patent eligibility under 35 U.S.C. § 101.
Customs and Border Protection Trademark Letter Rulings: A Valuable and Underused Tool?
Customs and Border Protection service ("CPB"), part of the Department of Homeland Security, offers interested parties the right to request letter rulings ' advisory opinions about contemplated imports.
Features
Tax Issues in Employment Mediations
There is surely nothing wrong with preparing a term sheet instead of a formal agreement at the end of mediation. However, it can be a huge mistake to ignore tax issues.
Features
Attorney-Client Privilege and Cross-Border Investigations
How do U.S. courts resolve the conflicts between U.S. discovery and overseas laws, and in particular the application of the privilege?
Supreme Court Defines 'Complaint' in Wage-Hour Case
While employers will not be pleased with the Court's ruling in <i>Kasten v. Saint-Gobain Performance Plastics Corp.</i>, the opinion adds some much-needed clarity to the issue of what constitutes protected activity under the FLSA's anti-retaliation provision.
Resolving FLSA Without Overpaying the Plaintiff's Attorney
In recent years, claims for unpaid overtime, work off the clock or misclassification of employees have become popular among plaintiff's attorneys.
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MOST POPULAR STORIES
- 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 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
