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Features

Ninth Circuit Says Fair Use Must Be Considered In DMCA Takedowns Image

Ninth Circuit Says Fair Use Must Be Considered In DMCA Takedowns

Scott Graham

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 Image

Employees with Duty to Report Bias Protected from Retaliation

Jeffrey Campolongo

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 Image

<b><i>At the Intersection:</i></b> Communication Babble, Redux

Pamela Woldow & Doug Richardson

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 Image

AshleyMadison.com Says 'Doe' Claims Not Valid

Amanda Bronstad

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 Image

Surprising Revelations on Experts and Contingent Fees

Michael Hoenig

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 Image

<b><i>Marketing Tech:</i></b> Attract New Clients Online

Larry Bodine

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 Image

Technology and Data Risks Related to Conflicts Clearance

Eric Mosca

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 Image

Law Firm 3.0: Information Changing Law Firm Models

Hank Grezlak & Gina Passarella

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 Image

<b><i>Leadership:</i></b> Growing Thick Skin

Mark Beese

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 Image

Ninth Circuit Insulates Corporate Insider from Preference Liability

Michael L. Cook

"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.

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