Hotline
October 03, 2005
Whistleblower suits by in-house counsel not barred by privilegeThe Fifth Circuit has ruled that employers cannot claim attorney-client privilege to exclude…
What You Need to Know About Managing a Patent Mega-Case
October 03, 2005
With the expanded use of patents to protect business innovation, high-stakes patent litigation has become an unwelcome byproduct of business success. Increasingly, such litigation involves numerous patents on different technologies asserted by each side in several forums around the world. The resulting "mega-case" presents a strategic and logistical challenge that tests the skills of the best patent litigators. Unless those challenges are met efficiently, the costs of the mega-case can quickly spiral out of control.
Post-<i>Phillips</i>: Will The Trial Courts Receive More Deference in Patent Cases?
October 03, 2005
The most important question in every patent case is "what do the claims mean?" The district court answers this question in its claim construction ruling. Presently, every aspect of a district court's claim construction is reviewed <i>de novo</i> by the United States Court of Appeals for the Federal Circuit. <br>The problem of <i>de novo</i> review is tied to the nature of patent claims themselves. Patent claims, the series of numbered paragraphs at the conclusion of the patent, define the scope of the patent owner's rights. Yet, because of the technical nature of inventions, the determination of the scope of rights is not easily made.
Progress in Automated Benchmarking
October 03, 2005
Law firm strategic and operational planners commonly use data from periodic law firm surveys to "benchmark" their own firms' performance. Many law firms now also employ business intelligence (BI) technology to extract more value from their internally collected financial data. Recently, interest has grown in a convergence of these two capabilities: using BI software to combine internal and external data streams, making benchmarking more standardized, sophisticated and reliable.
S. Ct. Authorizes Disparate Impact Age Discrimination Claims
October 03, 2005
The U.S. Supreme Court recently issued an important decision concerning the Age Discrimination In Employment Act of 1967 (ADEA). In <i>Smith v. Jackson, Miss.</i>, the Court held that employees aged 40 and over can assert claims for age discrimination under the ADEA based on the disparate impact of a facially neutral employment policy, even in the absence of discriminatory intent on the employers' part. In so doing, the Court reconciled a split in the federal circuit courts of appeal and aligned its view concerning the scope of the ADEA with its view of the scope of Title VII of the Civil Rights Act of 1964, which, according to prior Court decisions, permits employees to allege discrimination because of race, color, religion, sex and national origin based on the disparate impact of a facially neutral employment policy. An increase in the amount of litigation in respect to these types of claims under the ADEA will likely result from the <i>Smith</i> opinion.
<b>Basics Revisited:</b> Investing Your Lump Sum Without Taking Your Lumps
October 03, 2005
Many of our specialist readers are so involved in financial intricacies that it may be difficult for them to answer questions on investment basics from non-initiates. Jim Berliner's clear explanations should be useful not only in advising professionals who earn a large fee but also for any firm member or client who is faced with a major investment decision.
Enlarging the Scope of Disaster Plans
October 03, 2005
Considering how much damage can result from something as innocuous as a faulty sprinkler system, it may be understandable that many law firm disaster planners previously gave their first attention to common threats, and then never got around to considering large-scale disasters.<br>Some firms were convinced as a result of 9/11 that such a patchwork of miscellaneous point solutions was inadequate. For other firms, Hurricane Katrina should drive that point home. While we can't expect disaster plans to protect our firms from all possible risks, we should expand our planning perspective to include more catastrophic scenarios.
Digital Dictation Is Simplifying How Lawyers Work
October 03, 2005
With the advent of e-discovery, it's impossible to combine today's state of the art e-discovery solutions with yesterday's analog-dictation technology. Having a foot in both worlds is at best inefficient, and at worst can lead to misplaced data or work. <br>But the dawn of digital dictation has eliminated lawyers' worst frustrations of dictating to tape cassettes. With this new technology, lawyers can treat spoken words like any other digital data, inputting it to a desktop or other computer via a microphone and manipulating it in a digital voice-software file. Lawyers can then move spoken text around, and insert spoken or printed text as well as charts, spreadsheets, photographs and videos and, when they're done, transmit their work to a typist or save it to an audio file for clear and accurate translation into a printed document, or an e-document to be shared digitally or projected for viewing in the appropriate settings.
Utah and Michigan 'Do-Not E-Mail' Programs Take Effect
October 03, 2005
It is of concern to and important for e-commerce ventures to note that two states ' Michigan and Utah ' now prohibit the sending of certain kinds of e-mail messages to destinations listed on state-maintained registries. The new laws are directly at variance with the policy of the federal government, which so far has declined to adopt a do-not e-mail list. <br>But unless, and until, the Michigan and Utah registries are declared to be pre-empted by federal law, affected businesses should obtain and comply with those states' registries.
