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Evolving Court Views on Content Embedding
December 01, 2020
Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that entertainment industry professionals should note.
Standing and Potential Causes of Action in Data Breach Cases
December 01, 2020
While data breaches have become too common, case law and statutory law governing redress for data breaches is limited. This article explores standing and potential causes of action in data breach suits.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
December 01, 2020
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Development
December 01, 2020
Denial of Site Plan Application Upheld Issuance of State Permit Does Not Preclude Village's Nuisance Claim Against Waste Disposal Facility
Right-Resourcing Legal Services
December 01, 2020
What is the right strategic approach for a legal department to optimize its return on investment for the resources it deploys to render legal services?
Implications of NJ BAIT for Law Firms
December 01, 2020
NJ Senate Bill 3246 established the "business alternative income tax" (BAIT), an elective business tax regime for pass-through entities. Law firms are left wondering if electing to pay the BAIT is the right choice. This article summarizes how the NJ BAIT works, as well as its pros and cons.
The Increasing Use of Data Analytics in International Arbitration
December 01, 2020
Legal practitioners, as well as in-house counsel and other stakeholders, are making increased use of legal analytics in order to reach data-driven decisions in the context of future or ongoing litigation. Access to data analytics is even more relevant in the context of international arbitration, where the parties and counsel exert a greater degree of control over key features of the dispute resolution process.
Unseating Inelegant Notions of Product Design Functionality
December 01, 2020
In Blumenthal Distributing, Inc. v. Herman Miller, Inc., the 9th Circuit considered whether or not the or not the best-selling piece of furniture ever is functional.
What 11th Circuit Ruled in Copyright Suit Over Netflix's Narcos Series
December 01, 2020
The U.S. Court of Appeals for the Eleventh Circuit ruled in favor of Netflix in finding that one of its shows didn't infringe the copyright of a Colombian journalist who wrote a memoir about her affair with drug kingpin Pablo Escobar and the rise of the Colombian drug trade.
Settling COVID-19-Related Commercial Lease Disputes
December 01, 2020
This article examines how shutdown actions might be approached and resolved by settlement by applying a series of contract performance doctrines that inevitably arise during these types of situations.

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