Features

Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in <i>Inter Partes</i> Review Is Reviewable on Appeal
On Jan. 8, 2018, the Federal Circuit issued its significant <i>en banc</i> decision in <i>Wi-Fi One, LLC v. Broadcom.</i> In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.
Features

Professional Development: The Quest for Work-Life Balance
<b><i>Designing Your Week</b></i><p>More than ever before, law firms are recognizing the importance of work-life balance for their employees, offering benefits such as flexible work schedules and working remotely. The acknowledgement itself is important, but unfortunately, it does not guarantee the balance we hope to achieve, especially for younger marketing and business development professionals looking to advance in their careers.
Features

More Developments in NFL Concussion Litigation
Several leading law firms in the National Football League concussion settlement litigation are taking issue with an expert report that suggested slashing attorney fee recoveries. More than 10 law firms have filed responses to a December expert report that recommended capping attorney fees.
Features

<i>Legal Tech:</i> Peril in Paper: <i>EEOC v. GMRI</i> and the Digital Divide in e-Discovery Sanctions
There was a time not so long ago when the term “e-discovery” didn't exist. It was known simply by its legal name, discovery. We're now entering an era where some observers feel the term will fade into history, returning us back to simply calling it discovery.
Features

Trademark Board's Precedential Ruling on Use in Commerce
In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.
Features

The False Claims Act Sealing Orders
<b><i>What They Say and Do Not Say</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>The question remains: Is the defendant in a False Claims Act matter barred from discussing the case, as are the relator and the government?
Features

Controlling Costs in Worker's Comp
<b><i>The Rolling Stones Were Wrong — Time Isn't on Your Side</b></i><p>Almost every business owner loathes worker's compensation insurance — costs are high and can go up significantly in the event of a claim or multiple claims. Also, worker's comp can be a cost center that is heavily impacted by fraud and abuse. If employers can control the number and severity of claims and lower worker's comp costs, they can put the money to better use.
Features

From Tension to Success: Broker-Owner Relationships in Retail Leasing
If you are involved in lease negotiations on behalf of retail asset owners, you already know that at least some tension inevitably arises while moving the deals along. This article gives focus to the tension, and suggests that the tension is not only desirable, but important to help improve negotiation results for all concerned.
Columns & Departments
Development
Town Board Failed to Take 'Hard Look' at Amendment<br>Jurisdictional Determination from Army Corps<br>Developer Failed to Allege Concrete Injury
Features

Bankruptcy Venue Reform Bill
On Jan. 8, 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced the Bankruptcy Venue Reform Act of 2018, which is designed to prevent forum shopping in Chapter 11 bankruptcy cases, a practice that has resulted in a concentration of bankruptcy cases in a few districts.
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