Features

Will the Supreme Court Seismically Shift the Patent Damages Landscape in <i>WesternGeco v. ION</i>?
The U.S. Supreme Court recently agreed to consider whether a patentee may recover foreign lost profits resulting from infringement of a United States patent.
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The Basics When Reviewing a Real Estate Tax Provision
There are several clauses that rarely find their way into a landlord's initial draft of the lease that may be beneficial to a tenant. In addition, certain real estate tax provisions that are typically included in a landlord's standard lease form need to be carefully reviewed to make sure they are fair to both the landlord and the tenant.
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The Relationship Between Leadership and Management in More Successful Law Firms
Financial stability within a law firm practice does not guarantee harmony within the partnership itself — far from it. Law firm management that does not acknowledge or reflect the importance of firm leadership and the contributions and needs of its members endangers a firm's cohesiveness and its very existence, no matter how many clients come through the front door.
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Recreational Marijuana in New Jersey
<b><i>Real Estate and Other Issues Will Need Consideration</b></i><p>Given NJ Governor Phil Murphy's campaign pledge to legalize marijuana for recreational use in his first 100 days, the state is on the cusp of a major new revenue stream-recreational marijuana.
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Even the Value of the Smallest Salable Unit Must Be Apportioned
<i><b>Finjan, Inc. v. Blue Coat Sys., Inc.</b></i><p>The Federal Circuit ruled that basing a reasonable royalty calculation on the “smallest salable unit” does not obviate the need to apportion damages to the patented contribution within that unit.
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Cost Recovery in 2018: An Evolving Internal and External Strategy
It's now been 10 years since the economic crisis of 2008, and just under 10 years since we saw the greatest dip in demand for services experienced by the legal market. The market has stabilized since then, but growth has remained, year-over-year, flat. The Thomson Reuters 2018 Report on the State of the Legal Market shows this trend will continue as we see a market characterized by flat to sluggish growth, a continued decline in productivity, modest rate increases and the continued downward pressure on realization.
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What Retailers Can Learn from Recent Bankruptcies
Understanding the factors leading up to these bankruptcies, as well as the strategies used by retailers to emerge from bankruptcy, can give retailers significant knowledge about trends in consumer spending and how retailers can improve their overall positions going forward.
Features

Marketing Tech: Finding a Few More Minutes for Marketing and Business Development
Years ago, when trying to improve some of my snacking habits, I stopped buying cookies, candy and savory chips. Magically (and perhaps obviously), I quickly found that I ate less junk food. In effort to find a few more minutes a day for marketing, I recently applied this same basic, but effective, technique to my time management and the results have been just as immediate.
Features

Monk Estate Suit Against Beer Co. Moves Forward
A Northern California craft brewery lost an early attempt to knock out a lawsuit brought by the son of jazz legend Thelonious Monk, who claims the brewery uses Monk's name and likeness without permission.
Columns & Departments
Development
Failure to Require SEIS Not Arbitrary<br>Board of Fire Commissioners Lacks Standing to Challenge SEQRA Determination<br>Challenge to Pilot Agreement Reinstated<br>Statute of Limitations Bars Challenge to Excessive Height<br>Billboard Regulation Upheld
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›