Features
Hiring Practices and the FCPA
While laws such as the FCPA do not necessarily prohibit hiring individuals with criminal records or bad credit records or who are former government officials, they do require employers to identify these individuals and assess whether their hire would pose a threat, violate the laws outright or impose an administratively difficult burden due to the need to monitor their activities.
Features
A Reasonable Royalty Rate Must Be Tied to Facts
<b><i>Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Products Group, LLC</b></i><p>The rate of the reasonable royalty awarded to a successful patent plaintiff must be based on the facts of the case. A damages expert cannot merely pay lip service to the <i>Georgia-Pacific</i> factors and then “pluck” a royalty rate from thin air.
Features
Meet the Lawyer Working on Inclusion Rider Language
At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
Features
The Death of the Law Firm Partnership Vote?
<b><i>With an Eye on Efficiency, Firms Are Ditching Old Methods for a More Corporate Form of Governance</b></i><p>A growing number of firms in the United States and the United Kingdom are eschewing historical partnership norms in favor of more centralized management, and with that comes fewer and fewer partnership votes.
Features
<i>Simon v. Starbucks</i>: Preliminary Injunction Granted to Prevent Store Closings
While the court will not have the opportunity to rule on the merits of the case, the facts relied upon by the Indiana Superior Court and the conclusions reached in rendering its decision are still instructive for practitioners drafting continuous-use provisions and advising clients on potential breaches or anticipatory breaches of such provisions.
Features
SCOTUS: No Safe Harbor Protection Where Financial Institutions are Mere Intermediaries
The Supreme Court's decision and analysis are instructive for both bankruptcy and corporate practitioners, and will likely yield significant returns for estate beneficiaries.
Features
'Professional Development:' Embracing and Improving Your Leadership Style
To achieve your highest potential, to be more “actualized,” you must embrace your leadership style. What is your style? Are you an Achiever, Affirmer, or Asserter? Which of the Nine Attributes of Actualized Leaders do you need to focus on to improve your leadership?
Features
Regulating Interior Landmarks: New York Court Says Duties Don't End
What powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, New York's Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.
Columns & Departments
Counsel Concerns: Ambiguous Offer for Daddy Yankee to Settle Suit Ends in Attorney Fees Denial
Attorneys who sued “Despacito” artist Daddy Yankee for defamation should have heeded the song's title and drafted their settlement offer slowly, a federal appellate court ruled.
Features
Life in the (Regulated) Fast Lane: Companies Must Navigate Global Privacy Rules on Self-Driving Cars
<b><i>The race is on to develop the best technology for autonomous vehicles, but there are also drives to increase regulation around the data these cars and trucks collect.</b></i><p>Clearly, it's an exciting time to be in the autonomous car industry, and the race is on to develop the best tech first. But with an increasingly complex legal landscape, lawyers need to focus on compliance with evolving data privacy regulations.
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