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Features
The 'Culpable Conduct' Defense
Blameworthy conduct by the plaintiff in a med mal action can take the form of failing to follow medical advice, refusing or neglecting recommended treatment, or intentionally providing an incomplete or misleading medical history.
Columns & Departments
IP News
Washington Judge Awards Syntrix $115 Million
Features
Attorney Uses Copyright To Attack Unflattering Web Post
Federal law grants website operators immunity from defamation claims for third-party posts, so Boston lawyer Richard Goren used copyright law to go after a site's parent company over a negative posting.
Joinder Issues In BitTorrent Copyright Litigation
Over the past several years, there has been a national flurry of civil actions brought primarily by pornographic film makers alleging copyright infringement by individual file-sharers using the BitTorrent computer protocol. As one federal court noted, hundreds of thousands of John Does have been sued across the county since mid-2010, with copyright holders attempting to assert claims against unknown defendants identified by their IP addresses by joining them, in large numbers, into single actions.
Features
Best Practices for Formatting Word Documents
Most law firms will say that their users "know" Word. The reality is that most of the documents we have seen could be improved dramatically. Unless you lift the veil and look beyond the printed document, you won't know that you have a "bad" document.
Features
Redesigning Your Firm's Website
As the appetite to consume and share content grows ' and our world becomes more and more mobile-connected ' law firms must work to improve the user experience of their sites to fit these evolving needs.
Features
Internet 'Data Scraping'
The proliferation of Internet access and mobile devices has led to an exponential explosion of content on the Web, creating a vast repository of "publicly available" information. This has made it far easier for third parties to extract this data for commercial sale and use ' and to do so for free and without authorization. This data extraction, commonly referred to as "scraping," "crawling," or "spidering" (collectively "scraping"), creates legal issues and concerns for both sides of this issue.
Features
Marketplace Fairness Act May Help Clear Muddy Tax Waters
With my mom probably one of a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
Features
How Royalties Are Determined for New Material Written for Public Domain Music Compositions
Not as much public domain material is recorded in comparison with original material, but if such a song becomes a hit or is on a successful album, the public performance royalties can be substantial provided the writer/arranger (who is many times the recording artist or record producer) holds the copyright in his or her version and registered it with the performance right society (PRO) with which the writer is affiliated.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
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- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›