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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.

    November 02, 2017Stewart E. Sterk
  • Anti-SLAPP Legislation and Defamation Claims

    Part Two of a Two-Part Article

    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.

    November 02, 2017Janice G. Inman
  • 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.

    November 02, 2017Elizabeth Vandesteeg and Jeffrey Goldberg
  • 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.

    November 02, 2017Cindy Sharp
  • 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

    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.

    November 02, 2017Zach Warren
  • 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.

    November 02, 2017Hugh A. Simons
  • In every issue of Marketing the Law Firm, 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.

    November 02, 2017Beth Cuzzone and Darryl Cross
  • Construing Them Broadly, But the Exemptions Narrowly

    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.

    November 02, 2017Noah Finkel, Colton Long, Kyle Petersen and John Giovannone