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Features
The impact of <i>Twombly</i> and <i>Iqbal</i> on the pleading standard in federal motions to dismiss has been well documented during the last several years. This article examines the impact that these important cases have had when fraudulent joinder becomes an issue.
The U.S. Court of Appeals for the Federal Circuit has held the U.S. Postal Service liable for copyright infringement for its use on a postage stamp of an image of a number of sculptures created by Frank Gaylord for the Korean War Veterans Memorial.
A medical device manufacturer served with a product liability lawsuit in state court often prefers to be in federal court, but diversity jurisdiction requirements cannot be met because a local hospital that purchased the device and supplied it for use on the plaintiff-patient is a non-diverse co-defendant.
Features
For more than a year, the software/information technology, financial, and even biotech industries, along with the patent bar, waited for the Supreme Court to weigh in on the issue of business methods and patent-eligible subject matter under ' 101 of the Patent Act. In its recent decision in <i>Bilski v. Kappos</i>, the Supreme Court provided an answer for the business method claimed by Bilski, but not a lot of detailed guidance for future cases.
Law firms across the country continue to struggle with the recruitment, retention and advancement of women. The findings of multiple national surveys consistently show that women make up almost half of all law school graduating classes, yet they account for less than 20% of the partners in most large law firms.
Features
On-the-job Internet surfing has become a problem that employers can no longer ignore. A recent Office of Inspector General investigation, for example, revealed that senior-level SEC staff, including an attorney, used their workplace computers to view online pornography for up to eight hours per day during the period of time that led this country's biggest economic meltdown since the Great Depression.
Leadership development is about learning, not training. Your firm's future leaders must be given the opportunities, tools, and motivation to develop their leadership.
Features
What <i>specifically</i> managing partners and members of management committees should do to coalesce their partners, associates and staff into a well-managed and informed organization, with all of the professional and administrative personnel working together to achieve the firm's immediate and long-term objectives.
The Equipment Leasing and Finance Association recently released its 2010 Survey of Equipment Finance Activity, which shows that new business volume among a sample of the ELFA member companies declined 30.3% in 2009, in contrast with a 2.2% decline in 2008.
With the current economic condition being the way it is, and the risk assumed by banks and lessors being scrutinized more and more, the once shunned idea of turning to an outside valuation provider for an assessment of potential exposure is now becoming more prevalent.