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The Common Interest Doctrine and the Investigation of First-Party Claims Image

The Common Interest Doctrine and the Investigation of First-Party Claims

Catherine A. Mondell & Kathryn R. Smith

It is essential for parties to be able to determine whether or not communication will be protected from disclosure by the attorney-client privilege or the work-product doctrine. As the Supreme Court observed, "an uncertain privilege ' is little better than no privilege at all."

Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Wyatt Delfino

Federal Circuit: Only Patent Owner May Appeal a PTAB Reexamination Decision <br>Federal Circuit: Clones Not Patentable Subject Matter<br>Federal Circuit: PTO's Decision Not to Initiate <i>Inter Partes</i> Review Is Not Appealable

Columns & Departments

At the Intersection: Law's Tectonic Shifts Image

At the Intersection: Law's Tectonic Shifts

Pamela Woldow

Over and again in our recent consulting engagements ' particularly with large firms, where trends tend to start ' we're seeing signals that the legal profession is caught in the confluence of destructive trends:

Features

Seeking Quick Relief for Trademark Claims on Social Media Sites Image

Seeking Quick Relief for Trademark Claims on Social Media Sites

Stephen W. Feingold

Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. It is black letter law that trademark maintenance requires a trademark owner to maintain control over the quality of the goods and services associated with its mark. In the infringement context, this has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.

Columns & Departments

NJ & CT News Image

NJ & CT News

ALM Staff & Law Journal Newsletters

Two interesting news items are discussed

Features

Lifestyle Analysis Image

Lifestyle Analysis

Thomas A. Hutson

Last month, we discussed the fact that a lifestyle analysis provides a great deal of useful information to clients and their counsel, the court or other users, and also serves well as a stepping stone to the development of a realistic personal living expense budget for post-divorce years. The discussion concludes herein.

Features

Are Search Engine Results Protected Speech? Image

Are Search Engine Results Protected Speech?

Richard Raysman & Peter Brown

Search-engine results have become the lodestar of the Web for most users. Whether the user constructs a narrowly-tailored query designed to exclude inapplicable results, or a broad search designed as an introduction to a given topic, the algorithmic apparatus fueling search engines will usually produce pertinent information. As a matter of fact, this article on search results was in part fueled by using results acquired from a search engine.

Features

Setting Condominium Assessments: Limits on Board Power Image

Setting Condominium Assessments: Limits on Board Power

Stewart E. Sterk

When a condominium incurs costs for repairs of common areas, how much discretion does the condominium board have in allocating those costs? A look at a recent ruling.

Features

Construction Contracts and Project Management Image

Construction Contracts and Project Management

Daniel Goodwin, Roger Fitzgibbon

Whether designing and constructing a new retail center, a tenant finish-out or a renovation project, retail real estate developers, property managers and tenants interact with construction contracts, contractors, architects and other construction industry professionals on a regular basis. Those interactions may include lengthy, sophisticated contracts, very basic contracts or no written contract at all. This article addresses some of these common issues from the perspective of protecting the owner of the project.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Several pivotal cases are discussed.

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