Features
'Unreliable ' Articles, 'Trial by Literature ' Revisited
The reliance upon, and use of, unreliable hearsay literature by expert testifiers is a challenging topic that cuts across the spectrum of complex litigation. Often, the literature is comprised of technical or scientific articles published in some journal with a claim that the published work product has been "peer reviewed." The problems seem to have exacerbated.
Law Firm Leaders Struggle with Setting Firmwide Rates
Rate-setting has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates, and alternative fee deals are a growing part of firm revenue.
Features
Bounties for Wandering Whistleblowers
Last year, a number of important new developments, judicial and otherwise, expanded the rights of individuals, even those based overseas, to assert whistleblower rights under the Sarbanes-Oxley Act of 2002 (SOX) and the Dodd-Frank Wall Street Report and Consumer Protection Act of 2010. This article explains what you need to know.
Features
Expanding the Playing Field for Video Game Lawsuits
Video game litigation is a hot area for entertainment lawyers in 2015, as more celebrities have sued over being cast as game characters without their permission. The spree is driven by a pair of 2013 rulings that sided with athletes depicted in college football games, lawyers said, as well as by the overall boom in gaming sales which has made the industry a rich target for plaintiffs lawyers.
Features
Are Franchisors 'Employers'?
Part One of this article analyzed what recent court and NLRB decisions are saying about the franchisor/franchisee employment question. The discussion continues herein.
Top 10 International Employment Law Issues
This article compiles and describes, with varying degrees of specificity, what appear, to this author, to be the top 10 global employment law issues facing employers in 2015. They are listed in reverse order.
Features
<i> 'Momentive'</i> Provides a Reminder About Intercreditor Agreements
The growth in mezzanine and junior financing has spawned a rise in litigation over lien intercreditor agreements ' agreements between creditors that govern their relative rights and remedies with respect to shared collateral.
Will the Supreme Court Remove <i>Brulotte</i>'s Shadow Over Patent Licensing?
Part One, last month, set the stage for a possible overruling by the U.S. Supreme Court of its 1964 ruling in <i>Brulotte v. Thys Co.</i> that the collection of royalties after a patent's expiration constitutes per se patent misuse by looking at the case's critics and its impact on licensing over the last 50 years. In Part Two, the authors continue that discussion and look at the arguments made to the Supreme Court for and against overruling the case.
Billing Rates Rise, Discounts Abound
The price of a billable hour has risen by more than 10% in four years, as large corporate law firms focused on their most expensive work and saved clients' money elsewhere.
Features
Infringement Prevention and Brand Management On Social Media
The explosion of social media in recent years has dramatically impacted the manner in which individuals and businesses interact with one another. Social media gives businesses endless opportunity to increase brand awareness and expand audience reach. However, social media also presents myriad legal issues, particularly with respect to brand management.
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