Features
Understanding The Matrix: Mapping Your Firm’s Capabilities in a Complex Legal Landscape
The Matrix refers to a multidimensional framework that encompasses both internal firm capabilities and external client structures. It extends to understanding sophisticated corporate clients with their increasingly complex buying cycles, specialized legal service requirements, and evolving organizational structures. This dual-focused approach-mapping both your firm's capabilities and your clients' structures and need to those capabilities-provides the foundation for strategic business development and can exponentially increase your win rates.
Features
Divided Over Damages: Courts Split On Whether Failure to Mark Precludes All, or Only Some, Pre-Suit Damages
Only a few district courts have addressed the failure to mark in recent years — but they’ve reached directly opposing conclusions. This article analyzes the conflicting authorities and their reasoning, and it provides guidance to litigants on best practices given the conflict between district courts.
Features
Tea Leaves Tell Tales: Jury Awards $2.36 Million for Bigelow’s “Manufactured in the USA 100%” Label
On April 8, a California jury found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming that some of its teabags were “Manufactured in the USA.” The price for this mislabeling was steep, with the jury awarding the class action plaintiffs $2.36 million.
Features
Down the Rabbit Hole: Bankruptcy Practice In Uncertain Times
The world — and particularly the U.S. economy — is navigating unprecedented and turbulent times. For bankruptcy professionals, it may feel as though we’ve fallen down Alice’s rabbit hole, where the rules we've long understood and accepted no longer apply. In this new reality, uncertainty defines both the global and American economic landscapes.
Features
Second Circuit Ruling on Copyright Fair Use Defense and Infringement Lawsuit Default Judgments
In copyright litigation, an infringement defendant may claim fair use as an affirmative defense. But the Second Circuit recently ruled that a district court, on its own initiative, could raise a fair use defense for a defendant that hadn’t appeared in the case.
Features
Modernizing the Revenue Cycle: A Strategic Imperative for Law Firms
The legal industry has long relied on the strength of its relationships, the quality of its legal work, and the predictability of its billable hour. But when it comes to financial operations — specifically billing and collections — many firms are still functioning on outdated assumptions, fragmented tools, and reactive processes that no longer meet the demands of the market. If the goal is to grow, improve profitability, and serve clients better, then firms must look at their revenue cycle as a strategic asset — not just a back-office function.
Features
Ninth Circuit Rules That The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. The issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority.
Features
Theranos Whistleblower Tyler Shultz: A Tale of Courage and Ethical Duty
In the annals of corporate fraud, few stories resonate as powerfully as that of Theranos, the Silicon Valley biotech startup that promised to revolutionize blood testing but collapsed under the weight of its own deception. At the heart of this saga is Tyler Shultz, a young whistleblower. This article recounts Tyler’s extraordinary journey and invites legal professionals to explore its lessons through our CLE program, which bridges his real-world experience with the ethical obligations enshrined in the Rules of Professional Conduct.
Features
The Curious Persistence of the Six-Factor Trade Secret Test, Part 2
This two-part article discusses the requirements for information to be considered a trade secret under U.S. law, focusing on courts’ continued use of the six-factor test outlined in the Restatement of Torts. Part One covered the evolving tests for establishing a trade secret, while Part Two examines the compatibility of those tests and potential considerations for litigators and legislators.
Features
The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. Significantly, the issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority. Further, another question often addressed is whether there are potentially other nearby properties where the religious use might reasonably locate.
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