Features
Ninth Circuit Says Fair Use Must Be Considered In DMCA Takedowns
Copyright holders must take into account fair use defenses before demanding that services such as YouTube take down unauthorized content, the Ninth Circuit ruled last month.
Features
Employees with Duty to Report Bias Protected from Retaliation
The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.
Columns & Departments
<b><i>At the Intersection:</i></b> Communication Babble, Redux
The authors began their two-part series on "communication babble" in the July Issue of this newsletter They conclude herein with "an only slightly disguised true story."
AshleyMadison.com Says 'Doe' Claims Not Valid
The parent company of extramarital site AshleyMadison.com said it plans to get lawsuits filed in the wake of its recent security breach tossed out by arguing that the plaintiffs have improperly used "Doe" pseudonyms and that their claims belong in arbitration.
Surprising Revelations on Experts and Contingent Fees
A decision by the U.S. Court of Appeals for the Eighth Circuit issued at the end of July stimulates consideration of important questions that many of us don't think much about.
<b><i>Marketing Tech:</i></b> Attract New Clients Online
The Perceptio marketing firm reports that more clients searching for an attorney found them from Internet content than they did from referrals. This confirms earlier research by LexisNexis reported in 2014 that most consumers go online to look for an attorney
Features
Technology and Data Risks Related to Conflicts Clearance
Effective conflicts clearance is critical to law firm risk management. The cost of missing a conflict of interest can be significant ' from loss of business to serious reputational damage. That is why enhancing conflict of interest management consistently rates as a top concern in law firm surveys.
Law Firm 3.0: Information Changing Law Firm Models
The standard law firm model that has been in effect for the better part of the last 20 years is becoming less viable, and the way law firms are run is undergoing a subtle, yet significant change, driven largely by information.
Features
<b><i>Leadership:</i></b> Growing Thick Skin
Having thick skin is critical to success in law firms, especially when your job centers on developing programs that help a firm compete in a dynamic and increasingly competitive environment.
Features
Ninth Circuit Insulates Corporate Insider from Preference Liability
"A corporate insider who personally guaranteed" the debtor's loan was not liable on a bankruptcy trustee's preference claim when the corporate debtor repaid its lender, held the U.S. Court of Appeals for the Ninth Circuit on May 6, 2015. This article analyzes the ruling.
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 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 ›
- How to TOOT Your Own Horn: Exceptional Self EvaluationsIt's that time again. As the year comes to a close many firms are beginning the associate review process. Even if your firm does not have a formal review process I recommend that you write a self-evaluation that outlines your achievements and specifies your goals for the coming year.Read More ›
- The FTC Gets Into the College Athlete NIL GameAs national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.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 ›
