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More Developments in NFL Concussion Litigation
February 01, 2018
Several leading law firms in the National Football League concussion settlement litigation are taking issue with an expert report that suggested slashing attorney fee recoveries. More than 10 law firms have filed responses to a December expert report that recommended capping attorney fees.
Professional Development: The Quest for Work-Life Balance
February 01, 2018
<b><i>Designing Your Week</b></i><p>More than ever before, law firms are recognizing the importance of work-life balance for their employees, offering benefits such as flexible work schedules and working remotely. The acknowledgement itself is important, but unfortunately, it does not guarantee the balance we hope to achieve, especially for younger marketing and business development professionals looking to advance in their careers.
<i>Legal Tech:</i> Peril in Paper: <i>EEOC v. GMRI</i> and the Digital Divide in e-Discovery Sanctions
February 01, 2018
There was a time not so long ago when the term “e-discovery” didn't exist. It was known simply by its legal name, discovery. We're now entering an era where some observers feel the term will fade into history, returning us back to simply calling it discovery.
Trademark Board's Precedential Ruling on Use in Commerce
February 01, 2018
In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.
The False Claims Act Sealing Orders
February 01, 2018
<b><i>What They Say and Do Not Say</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>The question remains: Is the defendant in a False Claims Act matter barred from discussing the case, as are the relator and the government?
Controlling Costs in Worker's Comp
February 01, 2018
<b><i>The Rolling Stones Were Wrong — Time Isn't on Your Side</b></i><p>Almost every business owner loathes worker's compensation insurance — costs are high and can go up significantly in the event of a claim or multiple claims. Also, worker's comp can be a cost center that is heavily impacted by fraud and abuse. If employers can control the number and severity of claims and lower worker's comp costs, they can put the money to better use.
From Tension to Success: Broker-Owner Relationships in Retail Leasing
February 01, 2018
If you are involved in lease negotiations on behalf of retail asset owners, you already know that at least some tension inevitably arises while moving the deals along. This article gives focus to the tension, and suggests that the tension is not only desirable, but important to help improve negotiation results for all concerned.
Development
February 01, 2018
Town Board Failed to Take 'Hard Look' at Amendment<br>Jurisdictional Determination from Army Corps<br>Developer Failed to Allege Concrete Injury
Bankruptcy Venue Reform Bill
February 01, 2018
On Jan. 8, 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced the Bankruptcy Venue Reform Act of 2018, which is designed to prevent forum shopping in Chapter 11 bankruptcy cases, a practice that has resulted in a concentration of bankruptcy cases in a few districts.
Federal Circuit Holds Scandalous or Immoral Marks Entitled to Registration
February 01, 2018
<b><i>Refusal Is an Unconstitutional Violation of Free Speech</b></i><p>On Dec. 15, 2017, a unanimous Court of Appeals for the Federal Circuit held that despite Appellant's mark comprising “immoral or scandalous” matter, the PTO could no longer refuse federal registration of such marks on the grounds that this refusal violated the free speech clause of the First Amendment of the U.S. Constitution.

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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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