SharePoint and Discovery Collide
May 26, 2011
Imagine if that same lawyer and IT professional could turn back time to the late 90s and come up with a solid policy to govern how e-mail was created, stored and disposed of that not only satisfied the legal requirements, but was also enforceable from an IT perspective. That is where we are right now with SharePoint. Have we learned a lesson?
Minimizing Client and Internal Pushback on Soft-Cost Recovery
May 26, 2011
The recovery of costs directly attributable to a client over and above the fees being charged is a common practice in the legal industry. The justification behind the practice was that clients' generated expenses were above and beyond overhead expenses and were directly attributable to the individual, as they were not included in the hourly rate charged by the firm.
A Turning Point?
May 26, 2011
Since its decision in <i>BMC Resources, Inc. v. Paymentech, L.P.</i>, the Federal Circuit has continued to raise the bar for direct infringement of a method claim where the claimed steps are performed by different entities.
Prometheus and Patentable Subject Matter Under 35 U.S.C. ' 101
May 26, 2011
The recent protracted dispute between Prometheus Laboratories and Mayo Collaborative Services has shed some light on the post-<i>Bilski</i> threshold for patent eligibility under 35 U.S.C. § 101.
Customs and Border Protection Trademark Letter Rulings: A Valuable and Underused Tool?
May 26, 2011
Customs and Border Protection service ("CPB"), part of the Department of Homeland Security, offers interested parties the right to request letter rulings ' advisory opinions about contemplated imports.
Tax Issues in Employment Mediations
May 26, 2011
There is surely nothing wrong with preparing a term sheet instead of a formal agreement at the end of mediation. However, it can be a huge mistake to ignore tax issues.
Attorney-Client Privilege and Cross-Border Investigations
May 26, 2011
How do U.S. courts resolve the conflicts between U.S. discovery and overseas laws, and in particular the application of the privilege?
Supreme Court Defines 'Complaint' in Wage-Hour Case
May 26, 2011
While employers will not be pleased with the Court's ruling in <i>Kasten v. Saint-Gobain Performance Plastics Corp.</i>, the opinion adds some much-needed clarity to the issue of what constitutes protected activity under the FLSA's anti-retaliation provision.
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