State of California v. Continental Insurance Company
February 27, 2009
In a blow for insurers and contrary to the weight of authority in multiple other juridictions, the California Court of Appeals for the Fourth District recently reversed the trial court on its so-called "no stacking rule" and affirmed the trial court in its "all sums" liability allocation.
Improving Your Internal Controls to Protect the Firm's (and Your Clients') Money
February 26, 2009
Managing partners of law firms should ensure that there is an appropriate structure of internal controls in place at their firms to protect their firms and clients against fraud. With the economy in a recession, cases of employee fraud are on the rise, and in many instances better controls and more oversight are needed.
The Federal Circuit Attempts to Right the Inequitable Conduct Ship
February 26, 2009
Several recent decisions have pointed toward a sinking standard for proving inequitable conduct, which has created an atmosphere of uncertainty about the proper scope of the inequitable conduct defense. The Federal Circuit's recent opinion on the subject, <i>Star Scientific, Inc. v. R.J. Reynolds Tobacco Co.</i>, appears to be an attempt to right the ship by reiterating the standards for proving inequitable conduct that were established more than 20 years ago.
Who Needs Patents?
February 26, 2009
The Patent Reform Act of 2007 may soon be recycled as The Patent Reform Act of 2009 and reintroduced in the new Congress. Should this reform become the law, it is likely that inventors will still invent. The author's fear, however, is that without strong patent law, investors will no longer want to invest in unprotected ideas.
Federal Circuit Applies Bilski Standard in Classen
February 26, 2009
The Federal Circuit's October 2008 decision in <i>In re Bilski</i> created uncertain implications for biotechnology regarding the applicable standard for patent eligibility under 35 U.S.C. §101. In its recent one-paragraph opinion in <i>Classen Immunotherapies v. Biogen IDEC</i>, the Federal Circuit left many issues unexplained, but it did make one thing clear: The <i>Bilski</i> standard, now being applied in the area of biomedical technology, poses a significant threat to the viability of patents claiming diagnostic methods.
Putting Riverbed Steelhead Appliances To the Test
February 26, 2009
At any professional services firm, but particularly for an AmLaw 200 law firm with offices in several locations, data protection is a key concern for management. At my current firm as well as a previous one, Riverbed Steelhead' appliances played a crucial part in and facilitated our data protection approaches by enabling the consolidation and centralization of our critical servers and data. Riverbed has listened to its customers and has continued to improve its products with the result that they not only optimize WAN connectivity, but also offer additional features and functionality to help firms more effectively execute their technology plans.
<b>Case Study:</b> Managing Risk by Improving the Intake Process
February 26, 2009
Law firms around the world are continually challenged with how to best manage information and business processes associated with clients, matters, conflicts of interest and new business intake while taking every precaution to mitigate risk and increase productivity. It's not an easy task, but with proper vision, along with the right team and systems in place, firms can meet evolving business needs and achieve optimal information management while enhancing risk management. Here is how we did it at Cadwalader, Wickersham & Taft.
Redaction: The e-Discovery Killer App for 2009
February 26, 2009
The process of redaction evokes images of legal teams gathered along large conference tables surrounded by boxes stroking black permanent markers across brittle documents, while assistants shuttle between photocopiers and bates stamping machines to prevent an adversary from spotting a privileged smoking gun. With the transformation of modern litigation from print to digital, those who incorporate and master the use of electronic tools have a distinct advantage.
