Features
ACC Value Challenge
We have all heard about the ACC Value Challenge and much has been done to help in-house counsel close the gap between legal budgets and value received from law firms.
Features
Legal Times, They Are a'Changing
The year 2010 was another challenging one for the legal services community nationwide, though there have been some signs of stabilization.
Features
Letter from the Editor
A Note from the new Editor-in-Chief of Marketing the Law Firm
District Court Dismisses Medicare's Suit Seeking Reimbursement from Defendants, Insurers And Attorneys
A look at <i>United States of America v. Stricker, et al.</i>, in which Medicare sought reimbursement for payments that it had allegedly made for medical care provided to a settling class members.
Features
Practice Tip: The SPILL Act
Thanks to a recent act of Congress, the oil spill may be seeping into product liability law. Meet the SPILL Act.
Features
Recent Developments in Class Actions
This article reviews two cases ' one decision and one case under review by the U.S. Supreme Court ' in which class counsel sought certification of a class after a similar class was denied certification in another jurisdiction.
In Search of the New Professionalism Through Multi-Generational Lenses
Differences in generational perspectives can bring frustrations, resentments, inefficiencies and threats to professionalism ' but don't have to. Handled positively, differences can produce productive, engaging, harmonious, career-enhancing outcomes.
Responding to Regulatory Agency Complaints
How a business should respond if it receives a complaint from any of the myriad regulatory agencies.
Features
Second Circuit Strips Pharmaceutical Sales Reps of Their Exempt Status
The Second Circuit recently held that pharmaceutical sales reps do not fall under any of the exemptions to overtime payment requirements under the Fair Labor Standards Act ("FLSA"). The court's decision significantly impacts the classification of pharmaceutical sales reps in the industry.
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MOST POPULAR STORIES
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- Typically Uncommon: Defending Class Action Certification in Data Breach LitigationThe most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›