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  • As of Jan. 1, 2015, the ACA begins to impose certain health coverage requirements on employers who have at least 50 employees. Even though its implications are almost a year away, it is not too soon for employers to prepare for the Employer Mandate. Employers would be wise to figure out if the mandate applies to them, understand the potential penalties that can be imposed on them and, taking into account all of the various considerations, decide if they want to pay or play.

    February 28, 2014Gregg Fisch and Michael Campbell
  • Big data is ubiquitous these days, but still largely untapped in legal circles. Litigators can take a page out of a sports team's playbook and use the patterns and trends found in data to make more informed decisions about case staffing, spend management, case strategy and probable outcomes.

    February 28, 2014Jim Michalowicz
  • Aereomay turn out to be one of the most important copyright decisions since enactment of the Copyright Act of 1976, with potential wide-ranging ramifications for the television industry and the fast-growing cloud computing industry.

    February 28, 2014J. Alexander Lawrence, David S. Brown
  • In recent years, federal legislation has encouraged attorneys to become whistleblowers. These rules are in tension with the lawyer's duties of confidentiality and avoiding conflicts predicated on attorney self-interest because they allow disclosure of client confidential information more broadly than do applicable ethics rules.

    February 28, 2014Lawrence S. Spiegel and Esther E. Bloustein
  • Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.

    February 28, 2014Alan R. Friedman
  • The focus on proportionality in high-profile cases such as Apple v. Samsung, coupled with the recent proposed amendments to the Federal Rules of Civil Procedure are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.

    February 28, 2014Howard Edson and Dean Gaida
  • One of the great advantages of working with files in a cloud drive is sharing documents with other reviewers/authors in real time. Real time is the actual time during which reviewers are making changes to the document. This can be accomplished with all reviewers working in a Web App.

    February 28, 2014Sue Hughes
  • Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in "sweat equity." The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.

    February 28, 2014Dean Sappey
  • Technological advancements have dramatically improved the speed, capabilities and, in most cases, the cost-effectiveness in which deposition, discovery and pre-trial services are provided. Companies that have embraced the latest developments in jury research and selection technology ' particularly social media monitoring tools ' are best situated to thrive in the current environment.

    February 28, 2014Peter Hecht