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Features
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.
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.
Columns & Departments
The Instrumentality Test For Determining Franchisor Vicarious Liability
Features
Prompted by a case involving threats made on Facebook, the Third Circuit has ruled the objective-intent standard for assessing threats still stands.
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.
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?
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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
This article describes 10 proven strategies that we have recommended to clients to effectively implement the two-tier partner structure.
Features
Federal Circuit Nixes Insurance Claims Under Section 101 <br>Federal Circuit: Clarification of Injunction Terms Not Appealable
Features
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.