Features
The Human Factor In Information Security
No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.
Features
Design Patent Damage Awards
<b><i>Rotten for Apple</b></i><p>On Dec. 6, 2017, the United States Supreme Court, hearing its first design patent case in over 120 years, unanimously threw away a $400 million award that Apple won against Samsung Electronics. In doing so, the justices interpreted an 1887 statute providing that it is unlawful to manufacture or sell an "article of manufacture" that a patented design or colorable imitation has been applied.
Features
Supreme Court Rules on Design Patent Damages<br><i>Samsung Electronics Co. Ltd. et al. v. Apple Inc.</i>
On Dec. 6, 2016, the U.S. Supreme Court threw out a damages award of $399 million that Apple won against Samsung in an ongoing design patent dispute.
Features
HVCRE Regulations
<b><i>Greater Clarity Needed</b></i><p>The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.
Features
What Lawyers Can Learn from Uber, Redux
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
Trustee Allowed to Reach Back 10 Years to Avoid a Fraudulent Transfer
Recently, a Florida bankruptcy court permitted a Chapter 7 trustee to reach back 10 years to unwind a fraudulent transfer, a period of time well beyond the two years that practitioners generally expect.
Features
Estate Planning for the Digital Afterlife
This article discusses the importance of accounting for digital assets in an estate plan, provides practical considerations for handling their disposition after death, and describes the current state of the law for the handling of digital assets after death.
Columns & Departments
IP News
Federal Circuit: PTAB Used Overly Broad CBM Patent Standard<br>Federal Circuit: PTAB Patent Invalidation Vacated over Erroneous Invention Conception Date
Features
The 'Death Spiral' Of U.S. Malls
One of the main causes of the "death spiral" of malls in the United States has been the bankruptcies, and subsequent liquidations, of many retailers that were once household names -- and often a mall's anchor tenants.
Features
Law Firms Struggle With Lateral Partner Due Diligence
Firms place a lot of weight on lateral hiring, but many of them aren't very good at it.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel ManagementLegal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value ParadoxThe Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.Read More ›
