The concept of the attorney-client privilege seems pretty straightforward in, for example, a criminal case. However, as any in-house attorney knows, this concept becomes pretty murky when applied to attorneys working inside entities: Who is the client? Which attorneys are covered? Are those attorneys always covered? Which communications? With whom? On what subjects? The questions are endless and the situations are complex.
- November 30, 2013Jason A. Copling
There are always high-profile criminal cases in the news.As these cases develop, we often learn that the accused has received offers from publishers, television networks and movie studios to tell his or her story for a large sum of money. Can these individuals keep the money, potentially profiting from the alleged crime? "Son of Sam" laws may lead one to believe the answer is "no." But, in fact, it depends.
November 30, 2013Ethan BordmanGoogle's mass-copying of copyrighted works to build a digital library of more than 20 million books is shielded by the fair use doctrine, Judge Denny Chin ruled on Nov. 14.
November 30, 2013Mark HamblettCelebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.
November 30, 2013Keola R. WhittakerLinkedIn Post Likely Did Not Violate Non-Compete Clause
Virtual Currency Is Real DoughNovember 30, 2013ALM Staff | Law Journal Newsletters |It's the annual shopping rush ' Black Friday and Cyber Monday are only the beginning of the run up to Christmas. For major online retailers especially, this is make or break time. Is your site ready?
November 30, 2013Aaron RudgerAlmost 30 years ago when I began my career consulting to law firms, the then managing partner of Donovan Leisure Newton & Irving used that term to refer to the months of October through December. It was his way of pointing out to his fellow partners that the necessary activities of practice management that so many of them had avoided for the first nine or 10 months of the year now had to be addressed.
November 30, 2013J. Mark SantiagoHow do you determine partner compensation at your law firm? You certainly look at each partner's originations, working attorney receipts and billable hours. But what about his or her excellent client service, strong leadership, successful staff development efforts and keen technical skills?
November 30, 2013Steven A. DavisFranchisor's Operation of Online Store does not Violate Exclusivity
Federal Court Declines To Enjoin Franchisee from Violating Non-CompeteNovember 30, 2013Cynthia M. Klaus and Susan E. TegtOne of the many elements of the sweeping America Invents Act of 2012 (AIA) was a directive to the Government Accountability Office (GAO) requesting a report on factors affecting patent litigation. The GAO released its report in August. Perhaps surprisingly, the GAO found that NPEs were not the main contributor to alleged problems with patent litigation in the United States. Instead, the GAO concluded that poor patent quality was to blame for most nuisance infringement suits.
November 30, 2013Michael R. Fleming

