'Trial of the Century' Takes on Hell or High Water
January 01, 2018
<b><i>Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?</i></b><p>There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.
Internet Goods and Product Liability
January 01, 2018
The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
Exclusion of Evidence: The FDA's 510(k) Process
January 01, 2018
In a drug or medical device injury case, one of the defense's most potent arguments is often that the product in question underwent FDA approval, so the balance of its safety and efficacy has already been determined. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.
IP News
January 01, 2018
Federal Circuit Affirms Finding That Rembrandt's Patent Is Not Infringed by Apple's Accused Products<br>District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party's Venue Objections In Light of <i>TC Heartland</i><brPTAB Decision Invalidating AIP Internet Network Patent Affirmed on Appeal
To Train or Not to Train? That Is the Question
January 01, 2018
Before starting a training program, conduct a needs assessment when performance is inappropriate or inadequate. This means when one or more attorneys or staff are not doing what they should be doing, or they are doing something they should not be doing. Here's how to proceed.
Maximizing Future Medical Damages in Paralysis Cases
January 01, 2018
When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.
Professional Development: Marketing Plans for Partners
January 01, 2018
<b><i>Better Yet: 'Personal Strategic Plans'</i></b><p> If law firm partners thought of themselves as their own small business and not just a member of their firm, they would embrace the idea of creating a personal strategic vision. No need to hire a consultant; it just takes thought and time to memorialize it.
<i>Bisbing</i>: The Relocation Question Wasn't Necessarily the Intriguing One
January 01, 2018
<b><i>Part Two of a Two-Part Article</i></b><p>According to the authors, using the holding of recent New Jersey Supreme Court case <i>Bisbing v. Bisbing</i> as a model, the clear and current trend throughout the United States that when a custodial parent is seeking to relocate outside of the state with a child, the best interest of the child standard should apply.
SEC's New Cyber Unit Moves to Tackle 'Scam' Coin Offering
January 01, 2018
<b><i>In the First Enforcement Action Initiated By Its New “Cyber Unit,” the SEC Announced It Has Secured a Court Order to Freeze the Assets of Individuals Behind a “Scam” Initial Coin Offering</b></i><p>In the first enforcement action initiated by its new “Cyber Unit,” the Securities and Exchange Commission (SEC) recently announced it has secured a court order to freeze the assets of individuals behind a “scam” initial coin offering, or ICO.
2017 Roundup: Equity vs. Non-Equity Membership
January 01, 2018
<b><i>Last Year Saw a Number of Interesting Decisions Concerning the Identity, Rights and Obligations of Non-Equity Owners, Including Partners and Shareholders</b></i><p>2017 saw a number of interesting decisions concerning the identity, rights and obligations of non-equity owners, including partners and shareholders. As more firms utilize non-equity members to play vital roles within their firms, it will become more important for them to take note of these decisions and the guidance they provide.