IP News
Federal Circuit Interprets 'Broadest Reasonable Interpretation' Claim Construction Standard <br>Federal Circuit: Order Vacated After Claim At Issue Was Cancelled<br>Fed. Circuit: Claim Construction Based on Understanding of 'One Skilled In the Art' Is Reviewed For Clear Error
Narrow Win for Speech in Online Threats Case
The U.S. Supreme Court mentioned rappers or rap music nine times in its long-awaited June 1 ruling on the prosecution of threats posted on Facebook. The court even cited "the well-known performer Eminem" for the first time in its history.
Columns & Departments
Cooperatives & Condominiums
Analysis of a case in which the Business Judgment Rule barred a conversion claim by a co-op shareholder.
Features
Treatment of Social Media Accounts In Bankruptcy
In today's digital marketplace, understanding how the law applies to virtual assets is becoming as important as understanding how it applies to the brick-and-mortar world. Despite the importance of the Internet to commerce, however, it is still unclear how important provisions of bankruptcy law apply to certain virtual assets.
In the Courts
In a recent decision, the U.S. Court of Appeals for the Fourth Circuit confirmed the wide discretion federal prosecutors have to introduce evidence of a criminal defendant's scheme to defraud.
Features
Does the CFPB's New Integrated Disclosure Rule Preempt New York State Law?
The Consumer Financial Protection Bureau's (CFPB) new "Integrated Disclosure Rule" ' currently scheduled to take effect on Oct. 1, 2015 ' redesigns the disclosures that are provided under the Federal Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) in connection with certain residential mortgage transactions.
Columns & Departments
Landlord & Tenant
A look at a cases involving Section 8 benefits, a guarantor moving for summary judgment, and a summary nonpayment proceeding.
Columns & Departments
Case Notes
A look at a case involving alleged pregnancy discrimination.
Features
e-Discovery In An Information Governance World
Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance.
Brokerage Windows in Retirement Plans
In 2014, the DOL published a request for information (RFI) regarding the use of so-called "brokerage windows" under retirement plans, such as many "Section 401(k)" plans, that allow participants (and beneficiaries) to direct the investment of their retirement accounts. The RFI is one of the more recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) plans and other participant-direct retirement plans.
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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 ›
- Marketing Analytics: More Is Not Always BestIn the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.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 ›
- 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 ›
- Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe HarborThe Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."Read More ›
