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Emerging Legal Issues in 3D Printing and Product Liability
September 01, 2016
As with any advance in technology, 3D printing gives rise to myriad legal issues. How, for example, will intellectual property rights be enforced if anyone with a 3D printer can create replicas of objects, such as medical and patented devices? Do the fruits of 3D printing comply, or not comply, with current regulatory regimes? And what about product liability?
Economic Factors Driving Increase In Nonlawyer Payment Inquiries
September 01, 2016
As evidenced by a recent Pennsylvania Superior Court ruling invalidating an alleged fee-splitting arrangement between a law firm and an outside consultant, questions about the proper way for attorneys to pay nonlawyers who help generate business still arise frequently.
Crisis: Controlling the Threats and Seizing the Opportunities
September 01, 2016
You might not be able to control when a crisis happens, but you can control how you respond, provided you've taken the time to prepare. While every crisis is different, there are a few key steps to follow to ensure that brands or businesses not only survive a crisis, but bounce back stronger.
<b><i>Leadership:</i></b> Giving Feedback
September 01, 2016
Teams that improve their ability and frequency of giving both positive and constructive feedback can rapidly improve their performance, trust level and learning speed because they are focusing their energy on improving together rather than being defensive, blaming others and protecting their turf.
Professional Development: As New Associates Join This Fall
September 01, 2016
A firm's new associate orientation sets the tone and creates a foundation from which all future activities will be measured. If an orientation program is unorganized, inconsistent or lacking in usefulness, the experience might tarnish the new attorney's impression of his or her employer.
Downgraded: Industry Growth Forecast For 2016
August 01, 2016
The Equipment Leasing &amp; Finance Foundation has released its Q3 update to the 2016 Equipment Leasing &amp; Finance U.S. Economic Outlook, reducing the year's growth expectations to just 0.9%.
Raising Capital
August 01, 2016
Given the vast competition for early stage venture capital and the increased scrutiny being applied by investors to valuations and business plans, it is more important than ever to approach capital raising thoughtfully. Here are four considerations for increasing your chance of success.
Why Are You Still Using Wordpress?
August 01, 2016
Clients go online when they look for a lawyer, and if you are showing consumers a run-of-the-mill website, you will get predictably bad results.
Federal Circuit Provides Clarity For Contract Manufacturing On-Sale Invalidity Claims
August 01, 2016
In <i>The Medicines Company v. Hospira</i>, the Federal Circuit provided clarity and guidance to companies that rely on contract manufacturing, holding that "to be 'on sale' under '102(b), a product must be the subject of a commercial sale or offer for sale, and that a commercial sale is one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code."
The Adjudication of Affordability
August 01, 2016
In catastrophic personal injury actions, the largest element of compensatory damages often is the measure of the cost of lifetime future medical care. Now, we have a new wrinkle in the issue, courtesy of the Affordable Care Act (ACA). How will it affect the award of money damages in civil lawsuits?

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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