The Return of Stern v. Marshall
A look at the split between the Sixth and Ninth Circuits regarding whether consent can authorize bankruptcy courts to enter final orders in proceedings that would otherwise be the exclusive province of Article III Courts.
Features
<i>Online Exclusive:</i> Court Sends Mixed Signals As Marriage Arguments End
The U.S. Supreme Court on March 27 concluded its historic two-day scrutiny of the thorny issue of same-sex marriage, displaying wariness about ruling on the subject even as it appeared possible that the justices will strike down the federal Defense of Marriage Act (DOMA).
<i>Online Exclusive:</i> Court Sends Mixed Signals As Marriage Arguments End
The U.S. Supreme Court on March 27 concluded its historic two-day scrutiny of the thorny issue of same-sex marriage, displaying wariness about ruling on the subject even as it appeared possible that the justices will strike down the federal Defense of Marriage Act (DOMA).
Features
Easy, Essential SEO For Lawyers and Law Firms
If your law firm is not showing up on the first page of search results, you are nowhere. Very few online searchers ever go beyond the first page of results. In the eyes of Internet users (everyone), if you do not appear on this first page, you are not credible. You will not get the call. What can you do to improve your search engine results?
Failure to Consult Internet May Result in Legal Malpractice
As the Internet continues to penetrate every aspect of the law, lawyers who would overlook the Internet do so at their peril. Attorneys on various Internet sites have already suggested that not making use of the Internet when confronted with particular legal matters amounts to malpractice. Certain state court rules, such as New Jersey, make the failure to file via the Internet tantamount to failure to timely file, which is a common basis for legal malpractice.
Features
Florida Legal Ethics Opinion Clears Way for Cloud Computing
Florida has become the latest state to weigh in on the legal ethics of cloud computing, joining other states that have done so in concluding that lawyers may ethically use cloud computing, provided they exercise due diligence to ensure that the cloud provider maintains adequate safeguards to protect the confidentiality and security of client information.
Features
The Murky World of Online Privacy
This article examines the compliance issues raised by California's Online Privacy Protection Act, and the FTC's recent changes to the federal Children's Online Privacy Protection Act, and what companies must do to ensure they are not in violation.
Upcoming Event
SXSW Music Conference 2013 CLE Program<br>Austin, TX, March 15-16
Bit Parts
No Summary Judgment for Fair Use Issue in Takedown Notice<br>Episode Viewability on Website Doesn't Establish Personal Jurisdiction<br>Taking Issue with Second Circuit Substantial Similarity Test
<b><i>Online Extra:</i></b> Common Elements of Gangster Life Not Copyrightable</b>
Gang life marked by death and prison is a common theme not subject to copyright, the U.S. Court of Appeals for the Third Circuit held in affirming dismissal of a suit by an author who claimed recording artist 50 Cent stole from his autobiography.
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MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
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- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›