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Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies Image

Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies

Matthew Becker, Norman F. Hainer Jr. & David K. Ludwig

This two-part article aims to deconstruct the new joint infringement standard, provide insight into how the standard might be interpreted and provide practice tips for prosecution and litigation. Part 1 chronicles the <i>Akamai</i> cases that ultimately resulted in a new standard for joint infringement and explores the potential interpretations of that standard.

Features

Rules for Investing In NNN Deals Image

Rules for Investing In NNN Deals

Stephen Nostrand

<i><b>The Mysteries and The Risks</b></i><p>The triple net lease, or NNN (also known as a bondable lease), is a common lease structure used in commercial real estate. Even though it has become widely popular, the most seasoned investors and their advisers do not always fully understand the details.

Features

Did the New Cause Of Action for Job Applicants Under the ADEA Get Axed? Image

Did the New Cause Of Action for Job Applicants Under the ADEA Get Axed?

Matthew R. Simpson

In <i>Villarreal v. R.J. Reynolds Tobacco Co.,</i> the Eleventh Circuit concluded that Section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) does not allow job applicants to assert claims of disparate impact against a potential employer.

Features

Criminal Allegations Threaten Merger Image

Criminal Allegations Threaten Merger

ljnstaff

Abbott Laboratories' $5.8 billion proposed purchase of Alere, a Massachusetts medical testing company, is in trouble now that multiple criminal allegations have been leveled against Alere.

Features

Mastering the Art of Self-Promotion Image

Mastering the Art of Self-Promotion

Carol Morganstern

Self-promotion makes many people uncomfortable and unsure. However, to really maximize your hard work as a lawyer, you need to let the world know about your successes — and nobody can do it all for you.

Features

Arbitration Denied In Bankruptcy Priority Fight Image

Arbitration Denied In Bankruptcy Priority Fight

Michael L. Cook

"[T]he bankruptcy court did not abuse its discretion in denying [the debtor's former employees'] motion to compel arbitration" when the dispute turned on the relative priority of their claims, held the U.S. Court of Appeals for the Second Circuit on Oct. 6, 2016 in <i>In re Lehman Bros. Holdings.</i>

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Elite Law Firms Increasingly Suing Clients to Collect Fees Image

Elite Law Firms Increasingly Suing Clients to Collect Fees

Christine Simmons

In an era when demand for legal services is softening, the country's largest firms are increasingly going to court and arbitration against their former clients to collect fees in what consultants say is the "new normal."

Columns & Departments

In the Courts Image

In the Courts

ljnstaff

A jury in the Southern District of Texas awarded over $92 million in damages to the United States in a case against mortgage lenders who fraudulently granted and underwrote loans insured by the Federal Housing Authority and then reaped massive payouts when those loans went into default.

Features

What Lawyers Can Learn from Uber, Redux Image

What Lawyers Can Learn from Uber, Redux

Dan Lear

Lawyers need to know what the client wants and how to get them there before the process starts. Just like a driver who doesn't know exactly where he's taking his riders, a lawyer who isn't totally sure what a client wants — let alone how to get them there efficiently and effectively — is likely to end up with a client who is disgruntled.

Features

Liability Exposure When Experts Flub Image

Liability Exposure When Experts Flub

Michael Hoenig

In civil litigation, when retained or testifying experts err materially, causing a case or settlement loss, do they get some kind of immunity so that access to experts is not "chilled" by allowing experts to be sued frequently? The answer to this question is not so easy.<p><b><i>Part One of a Two-Part Article</b></i>

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