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Features

Information Security

Leonard Deutchman

For the past few years, considerable public discussion about the need for law firms to address information security, or InfoSec, issues with their clients. InfoSec can hardly qualify as the next big thing. However, the Sony story has brought the issue front and center and, as we get further into 2015, we can be sure that the issue will only grow.

Judge Sides with Dish on Copyright Claims by Fox over Ad-Skipping Service

Scott Flaherty

Dish Network LLC came out ahead in an important early test of the U.S. Supreme Court's decision in <i>American Broadcasting Cos. Inc. v. Aereo,</i> largely escaping Fox Broadcasting Co.'s copyright claims over technology that records network television and replays it commercial-free.

When Forensic Neuropsychiatric Expertise Is Indicated, Early Retention Is Best

Harold J. Bursztajn & Alexander Geiger

Many defense lawyers and in-house corporate supervisors make the mistake of waiting until a case is on the eve of trial before retaining the requisite expert witnesses, With no category of expert witnesses is this need to retain one's own expert early more true than with a forensic neuropsychiatrist.

QDRO or Buyout?

Theodore K. Long, Jr.

These days, attorneys drafting QDROs must contend with a new type of retirement plan called a "cash balance pension plan" ' a hybrid that is not really the fish of a traditional defined benefit plan, or the fowl of a defined contribution plan.

Features

Obama Calls for Student Privacy Standards

Cheryl Miller & Steven Salkin

In a speech before the Federal Trade Commission on Jan. 12, President Barack Obama called for the passage of a Student Digital Privacy Act that would allow student-related information to be collected only for educational purposes, not for marketing.

Features

Coaching: A Shift in Law Firm Culture

Virginia Bianco-Mathis & William Schurgin

Like other firms, Seyfarth found that developing employees, increasing engagement, addressing generational changes, and matching associate objectives with firm goals is a constant challenge. Here's how they solved the problem.

The Transgender Child

Eliana T. Baer

How to protect the best interests of children with gender dysphoria under the law.

Features

To Correct or Not Correct Misinformation in Social Media

Alan G. Minsk

In June 2014, the FDA issued a draft guidance document, "Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation about Prescription Drugs and Medical Devices." While the draft guidance is not legally binding, it indicates that the FDA will not hold responsible companies that choose to correct (or not correct) third-party misinformation. What are the product liability implications?

Features

Workplace Bullying Laws and Litigation

Rosanna Sattler & Laura Otenti

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

Kimberly Danebrock

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.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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