Features
Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech
A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.
Features
Legal Perspective On Major League Baseball Scandal
Two Major League Baseball in-house lawyers, both former prosecutors, led the investigation into the Houston Astros cheating scandal.
Features
GDPR-Based Objections to U.S. Discovery Requests: 2019 Year in Review
U.S. civil litigants faced with an obligation to produce "personal data" protected by GDPR can find themselves on the horns of a serious dilemma. Initial rulings addressing the tension between the broad scope of data protected by GDPR and the similarly broad scope of discovery under U.S. law revealed substantial skepticism that complying with a U.S. discovery request would expose parties to significant enforcement risk in the EU. This article takes a look at what arguments parties put forth in the past year, and make a few suggestions for how litigants can avoid violating one jurisdiction's law to satisfy another's courts.
Features
Sales Speak: Strategies to Avoid or Reduce Billing Rate Discounts
Requests for discounts have become a routine step in the legal services purchasing process. Lawyers face the uncomfortable task of defending their billing rates in both RFPs and client pitches. But too often, lawyers don't make an effort to resist giving a discount when asked. Mostly because they haven't been trained in how to do it.
Features
Second Circuit Upholds Title 18 Insider-Trading Conviction Where Title 15 Elements Not Established
Will Prosecutors Take Advantage? The recent decision in United States v. Blaszczak may signal a change in how prosecutors in the Second Circuit, and perhaps in other jurisdictions, pursue insider-trading cases.
Columns & Departments
Real Property Law
Mechanic's Lien Not Invalid on Its Face Temporary Flooding Not a De Facto Taking
Features
Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy
Because bankruptcy can add significant expenses and increase the time it takes to remove a delinquent tenant, landlords should not allow tenants to fall far behind on rental payments. Here are some tips on how to address the issues raised by a bankrupt tenant.
Features
Driving Law Firm Profits Through Data Analytics
"Data Analytics" have become more than just buzzwords and are an integral part of well informed decision making. The following best practices have the ability to bring your firm's data management up to speed with competitors in the law industry, while turning what might be an underutilized resource into a working asset that drives revenue.
Features
Bankruptcy Court Denies Motion for Fee Enhancement Under 'Common Fund Doctrine'
The U.S. Bankruptcy Court for the Western District of Virginia recently denied creditors' counsel's motion for a fee enhancement under the "common fund doctrine," finding it could not award the requested fees absent statutory authority.
Features
U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO
In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.
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