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 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.
Depositions: The Impact Of Electronic Discovery
October 03, 2005
These are exciting times in the legal technology realm. Advanced electronic-discovery software can revolutionize depositions. For the first time, attorneys taking a deposition can have the entire document set at their fingertips in real time. They can understand the documents in a case more completely, and be more flexible following up unanticipated answers by investigating new lines of inquiry during the deposition itself.
Seamlessly Mastering Large-Scale Discovery Requests
October 03, 2005
When faced with a massive discovery request ' in litigation or a regulatory investigation ' what steps should a law firm and its client take to make certain that all relevant documents are collected in a timely, precise and cost-effective manner? How can the firm guarantee a seamless discovery project without halting or disrupting the company's normal business processes? This article will offer strategies and ideas for legal professionals faced with a large-scale discovery project encompassing electronic and paper documents.
Arbitration Do's And Don'ts
October 03, 2005
When faced with a transaction in which the arbitration of potential future disputes would offer advantages over court litigation or other forms of dispute resolution, a critical first step is to create a workable, enforceable arbitration agreement. In most instances, this agreement will be the "arbitration clause" included in the contract. A poorly drafted arbitration clause can create time-consuming and costly delays to the arbitration process. Arbitration agreements must be drafted carefully, and expert advice should be sought on all but the most straightforward two-party, single-contract cases.
Flying on a Wing and a Prayer
October 03, 2005
In its zeal to eradicate perceived abuses and further clip the wings of executives who, based on press reports, took great pleasure in using the company's airplane for personal purposes, Congress amended section 274(e)(2) of the Internal Revenue Code (the Code). Effective on the date of enactment (Oct. 22, 2004), these amendments effectively reversed the decisions of the Tax Court and Eighth Circuit in <i>Sutherland Lumber-Southwest, Inc. v. Commissioner</i>, and prompted the IRS to issue guidance containing a myriad of rule changes and hinting at others, leaving tax practitioners scratching their heads and companies running for cover.
Is Your General Release Enforceable?
October 03, 2005
In a decision that caught many employers by surprise, the U.S. Court of Appeals for the Fourth Circuit recently held in <i>Taylor v. Progress Energy, Inc.</i> that claims arising under the Family and Medical Leave Act(FMLA), including post-dispute claims, cannot be waived or settled via private agreement between an employee and employer. The only other Court of Appeals ever to consider this issue in the dozen years since the FMLA was enacted reached an opposite result. In light of <i>Taylor</i>, employers inside and outside of the Fourth Circuit must now review the language of their general release agreements and evaluate what, if any, changes are needed.
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.
