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Does Joinder of a Forum Defendant Always Prevent Removal?

Mary Clare Bonaccorsi & Dmitry Shifrin

A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the "forum defendant rule." There is, however, an exception to the rule.

Lawful Data-Mining of Social Networks

Jonathan Bick

To avoid legal difficulties when you mine information about people from social-network locations, make sure you employ three particular policies when using information mined from blogs. Here's how to proceed.

Features

Client Speak: Capturing the Current Mood

Allan Colman

Implicit in all the stories about layoffs or hourly versus value billing, the fundamental question is whether the severity of the economic downturn will permanently change what law firms look like and how they operate. Can they ever again support the notorious salary structures and leverage strategies of the past?

Features

Practice Building Skills: Turning Your Bio into a Magnet for Business

Larry Bodine

Smart lawyers turn their bios into a marketing magnet that generates leads, as opposed to a mere resume or a CV, which recites only your education and experience. The trick is to turn a feature of yourself into a benefit to the client.

Features

Media & Communications Corner: Channel the Information Deluge into Knowledge You Can Use

Nicholas Gaffney

Proven shortcuts that will help you channel the flood of incessant information coming your way.

Career Journal: Does Having a J.D. Help a Career in Legal Marketing?

Michael DeCosta

The marketing function is expanding within law firms. Despite of, or perhaps because of, the legal industry's economic woes of late, the expectations around marketing ' from increased business development to enhanced practice support ' has never been greater. Do you need a J.D. to have a career in marketing?

Features

Do More with Less and Gain Market Share

Preston McKenzie

The current economic situation is forcing firms to think of new ways to market themselves, which likely will become the new norm, long after the downturn is history.

Features

For Whom the Bell Tolls

Chris Gardephe

In this climate of uncertainty, the impetus will be on associates to self-motivate, focus on learning the craft and think deeply about what they really want from their careers. But what are those of us committed to developing the careers of associates to do?

Features

Downsizing the Right Way

Henry M. Perlowski & H. Bruce Jackson

In Part One of this article, the authors dealt with the primary risks of a "downsizing" event. Part Two herein discusses implementing a methodical plan for a downsizing event, alternatives to downsizing, and going forward with compassion.

Do Comparative Lawyer Rankings Run Afoul of Ethical Guidelines?

Malachi O. Boyuls & Charles P. Floyd

The ABA's Model Rules of Professional Conduct, adopted in many jurisdictions, now allow attorney advertisements but restrict "misleading" communications. Significantly, such misleading communications may include unsubstantiated comparisons to other lawyers.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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