Features
Your Clients Want Alternative Fees
Think you're being responsive to your clients about fees? They think you can do better.
Changes in CA Law Drastically Affecting Business Owners
California is cracking down on companies that skirt labor and tax laws by misclassifying workers as independent contractors, and the state has instituted a major change by providing mandatory paid sick leave to nearly all employees in the state. Businesses must be aware of these changes and review their policies and contractual relationships to ensure compliance.
Columns & Departments
Med Mal News
In-depth analysis of two key verdicts.
Features
Same Evidence Used to Reject Bias Claim, Support Retaliation Claim
The (over)use of the summary judgment process in employment discrimination cases has been heartily scrutinized over the years. As this author has pointed out, there is at least one prominent federal judge who thinks the use of summary judgment, as a practice, should be eliminated in these types of cases.
The Annual State of the Firm Report
As the year draws to an end, many of the more enlightened law firm managing partners and members of the executive committee assess the results of the current year and begin to develop plans for the coming year.
Features
Arbitration: Rethinking the Pitfalls
Much has been written about the use of alternative dispute resolution (ADR) to address equipment leasing disputes, some of it positive and much of it negative. For a variety of reasons, the equipment lessor legal community has historically been reluctant to embrace alternative methods of avoiding protracted litigation.
Features
State, Federal Law Differ on Franchisors As Joint Employers
It seems that the definition of employer under state law is becoming more restrictive but the definition under federal statutes has become more flexible. The reason is a federal political agenda to empower the National Labor Relations Act to encourage collective bargaining of employees of franchises.
Border Disputes
In insurance law, if there is a border as long-established as the one between the U.S. and Canada, it is the border between the two types of coverage provided by liability policies: defense coverage and indemnity coverage. But even along this well-established border, disputes have recently begun to develop.
Leasing and Finance Industry Economic Outlook
The Equipment Leasing & Finance Foundation's Q4 update to its 2015 Equipment Leasing & Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow 4.1% in 2015, which is down from the 5% growth forecast in its Q3 Update to the 2015 Annual Outlook released in July.
Features
My New BFF Is a Smart VDR
Review of SmartRoom, a secure virtual data room)that was first conceived to securely host due diligence documents for an expedited Chapter 11 asset sale of multiple properties with multiple potential bidders.
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- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
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- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›