Features
Workplace Bullying Laws and Litigation
While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.
Features
Terminating the Physician/Patient Relationship
In general, terminating the physician-patient relationship is allowed as long as the physician provides reasonable notice to the patient ' giving him or her the opportunity to obtain another qualified physician to manage his or her care. If this requirement is not met, and the patient suffers injury, the physician may have breached a duty to the patient and may be found liable for medical negligence (malpractice) under the theory of abandonment.
Columns & Departments
Real Property Law
Three major rulings are discussed.
Features
The Internet of (Legal) Things
Welcome to the "Internet of Things" (IoT) ' the Web of embedded computing devices that interact with our everyday lives. Like any technology revolution, those devices have no interest in waiting for the legal world to catch up. As a result, if a General Counsel's wearable device measuring nighttime biorhythms does not keep her awake at night, the prospect of billions of devices sensing everything about her customers and employees during an era of cyber insecurity probably will.
Features
SEC Tries to Write 'Facilitating Payments' Exception Out of FCPA
Recently, a lawsuit brought by the SEC alleging FCPA violations against two individuals related to a global oil and gas drilling services company nearly went to trial in federal court in Texas. As one of the only civil FCPA cases to proceed to that stage of litigation, the case provided unique insights into the SEC's interpretation of key provisions of the FCPA.
Data Breaches: Why Prevention Isn't Enough
Cyberattacks and data breaches are an all-too-common fact of modern business. The news is full of stories about major U.S. banks and retailers being hacked, and the perpetrators are stealing the financial and personal information of clients, customers and others. While the masterminds and motives behind such attacks are not always immediately apparent, one thing is clear: Counsel must understand that traditional network security approaches are no longer enough.
Bit Parts
Investor's Suit Against Management Companies Filed Too Late<br>Partnership Suit Against the Lumineers to Remain in New Jersey Court
Your International Compliance Playbook
As companies expand, the regulatory burden can become onerous. And compliance and legal departments are being asked to do more with less, making well-designed compliance programs all the more critical.
Features
Representations and Warranties by Landlords In Lease Agreements
When negotiating a Lease for a commercial real property, a tenant may request that the landlord make numerous representations. Accordingly, it seems worthwhile to provide an overview of some of the issues that should be taken into account by landlords, tenants and their counsel in the preparation and negotiation of those provisions.
<b><i>Voice of the Client:</i></b> Differentiation Through Better Client Connection
2015 has brought a new year with resolutions to begin new routines to achieve success. Recent economic reports for law firms tell the story of a legal economy that continues to face real change in the face of soft demand, even though there is increasing evidence of performance separation from some firms to others.
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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 ›
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