Features
Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism
Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.
Change to Grow, Lead to Change
Many franchise executives spend most, if not all, of their time working in their businesses and their franchise systems. They have few opportunities to get together with other franchise executives and exchange best practice ideas and solutions for their major challenges.
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Court Watch
The Instrumentality Test For Determining Franchisor Vicarious Liability
Features
Third Circuit Keeps Objective Standard to Weigh Facebook Threats
Prompted by a case involving threats made on Facebook, the Third Circuit has ruled the objective-intent standard for assessing threats still stands.
Considerations When Engaging in Internet Marketing
In this day and age, most law firms have a website and use the Internet as a large part of their overall marketing scheme. However, the ethical considerations are plentiful and not always clear-cut. Even if your firm utilizes a Web developer or marketing firm, it is ultimately the lawyer's responsibility to ensure that his or her Internet marketing is compliant with the applicable rules of professional conduct and state law.
Financial Considerations That Involve Your Partnership Agreement
Becoming a firm partner has long been the unquestioned goal of most lawyers. But in today's large law firms, with many hundreds of partners, is this still a desirable goal when a given partner's voice may have little influence over the direction of the firm, and when a partner's income is determined by a "compensation committee" that lacks transparency?
Features
Combating Big Data with a 'Facts First' Approach to e-Discovery
The ability to quickly identify relevant electronically stored information when litigation or regulatory action arises. This challenge has been significantly exacerbated by the arrival of "Big Data." This problem must be addressed holistically and aggressively with a combination of human intelligence, legal process and advanced information retrieval technology. Taken together, this approach represents a "Facts First" intelligence-gathering methodology that allows legal teams to identify, analyze and defensibly reduce ESI volumes.
Features
10 Proven Strategies To Effectively Implement the Two-tier Partner Structure
This article describes 10 proven strategies that we have recommended to clients to effectively implement the two-tier partner structure.
Features
In the News
Federal Circuit Nixes Insurance Claims Under Section 101 <br>Federal Circuit: Clarification of Injunction Terms Not Appealable
Features
ICANN's Trademark Clearinghouse Sees Slow Initial Take-up
Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.
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- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Redefining Attorney-Client Collaboration with Technology That Delivers Greater ValueIf savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.Read More ›
- '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 ›
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- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›