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In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation. In many instances, copyright infringement lawsuits are brought against defendants who have been sued before for infringement, or related misconduct, or who have been the subject of allegations or informal complaints, or who simply have experience in copyright matters.
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New York City's 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance.
Features
<b><i>Anti-SLAPP Legislation and Defamation Claims</i></b><p><b><i>Part Two of a Two-Part Article</i></b><p>After defendants have established that their allegedly defamatory statements were made in furtherance of their right of free speech or petition under the United States Constitution or the California Constitution in connection with a public issue, the second thing that courts must question when a defendant seeks dismissal through an anti-SLAPP motion is whether the claimant has carried his burden of establishing a probability of success on the merits of his claim.
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On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.
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The goals of this article are: 1) to provide a basic outline of the structure of the Web and to provide some insight into the purpose for and content housed on each level; and 2) to give some practical tips on preventing your company's data from ending up on the Dark Web.
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A look at a recent group coaching initiative at a major law firm. Having had success with group coaching in the past, the CMO established a six-month pilot program and chose eight attorneys to participate. Here's what happened.
Features
<b><i>The Often-Cited e-Discovery Guidelines Were 'Put Through the Ringer,' and the Result Is Updated Principles and Expanded Commentary for a New Technological Age</b></i><p>Outside of guiding rules of evidence and procedure, the Sedona Principles are perhaps the most often-cited guidelines for handling electronic discovery today. But the Principles had not seen a full-scale rewrite since 2007. Since that time, electronic data sources have exponentially increased and e-discovery itself has morphed into a $10 billion business. The wait, though, has come to a close.
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Setting the next year's billing rates follows a simple formula at most firms: last year's rate plus a common percentage increase across all lawyer cohorts. A more disaggregated approach is needed -- firms should set higher percentage increases for senior lawyers and lower increases for junior lawyers.
Features
In every issue of <i>Marketing the Law Firm</i>, we read about best practices and new trends. However, not even that prepared us for this year's LSSO (Legal Sales and Service Organization Inc.) Legal Sales and Service Awards winners — specifically, the long-term success established in a short amount of time at two law firms.
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<b><i>Construing Them Broadly, But the Exemptions Narrowly</i></b><p>FLSA cases holding against employers typically invoke a canon of construction that the FLSA should be construed broadly, and any of its exemptions narrowly. But this canon has a dubious foundation and tends to be applied inconsistently to justify a result.