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Features
A law review article by professors Aaron D. Twerski and James A. Henderson Jr. merits serious attention by the bench and litigation bar. Provocatively titled "Fixing Failure to Warn," the article once again reveals serious ills in the current system of warnings litigation.
Features
The ABI Commission recently recommended decimating the concept of adequate protection for cash flow lenders and protecting their interest only to the extent of foreclosure value. According to the authors, this recommendation has no regard for the fact that cash flow loans are predicated on a sale of the business as a going concern or the practical difficulty in attempting to choose a value based on a hypothetical sale.
Companies are increasingly relying on innovative and edgy digital marketing campaigns to promote their products and services. Campaigns often include user-generated content, viral marketing, the brand's website, a mobile application, and other social media and social networking elements. Companies are also looking to harness data through loyalty programs and consumer tracking to better understand, serve and reach their customers.
Features
One of the most frequent questions that we have at the moment is about the timetable for Europe's changes to data protection laws. Needless to say, there is no definite answer. However, the path forward may recently have become just a little clearer.
Features
Although several important questions remain unanswered by the Supreme Court, present case law suggests that arbitration clauses may permit consolidation even if those clauses do not address the issue overtly, and that arbitrators, rather than courts, make those decisions.
Features
Loretta Lynch, formerly United States Attorney for the Eastern District of New York, likely will be the newly confirmed Attorney General of the United States by the time you read this. As spectacle, a changing of the guard is always worthy of note. But for others who are embroiled in or worried about investigations, the change may matter a great deal.
Unless you are deaf to the present realities in today's legal marketplace, you now hear the steady drumbeat of client-focused legal service delivery: a persistent rhythm driving you toward Legal Project Management (LPM). Clients are insisting that firms price and deliver services that fit their tolerance for risk, produce excellent results and keep the work within budget.
The Federal Circuit recently clarified the limits of patent exhaustion as it applies to "authorized acquirers" and "complementary goods," holding that authorized sales to persons practicing handset claims did not exhaust a patent owner's rights to enforce distinct but related content claims against defendant content providers who manage and deliver content to handset users.