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<b><i>Online Extra:</b></i> Lyft Blasts Uber for 'Witch Hunt' Over Data Breach
February 29, 2016
Uber Technologies Inc.'s push to hold someone accountable for a 2014 data breach has focused heavily on an unnamed Lyft Inc. employee. Now Lyft is saying its market-leading rival has gone too far, launching a discovery effort that amounts to a "witch hunt.
The Essentials of Collaboration Agreements for Literary Works
January 31, 2016
While all creative collaborations have features in common, there's a uniquely intimate and trusting nature of the relationship between someone (the subject) whose story interests the public, and a writer engaged by him or her to put that story, either jointly or singly, into concrete form (the writer).
Media & Communications: Upgrade Your PR Game!
January 31, 2016
Admit it: You've been doing the same thing for too long in an attempt to get your firm in the news. And it's just not working anymore. Below are five ways to be more effective in 2016.
<b><i>Media & Communications: </i></b> Why You Should Be Newsjacking
December 31, 2015
Newsjacking is a method of leveraging hot news items to generate brand recognition and client visibility. Successful newsjackers track breaking news and emerging trends, and use clever thinking to either make connections that put their clients front and center, or to simply insert their clients into a high-profile conversation that otherwise would never have included them.
Hidden and Creeping Franchise Fees
December 31, 2015
Every franchise lawyer knows that one of the conditions for a distribution arrangement to be considered a franchise is that the franchisee is required to pay (whether in cash or other consideration) a "fee" to the franchisor or its affiliate. The term "fee" is broader than it might first appear.
Ins and Outs of Group Registration Of Photographs
December 31, 2015
An important part of a professional photographer's life, and that of a photographer's attorney, is protecting the intellectual property produced by that photographer. Many photographers properly compile photographs from unrelated sources and register the photographs in an effort to protect their property rights in the images. Group registration of those images has enabled a much more efficient registration process, but does registration provide the statutory damage protections one might assume should be available?
Anonymous LLC Ownership
December 31, 2015
Recently, local, national and international governmental entities, as well as non-profit watchdog organizations, are increasingly focused on greater real estate ownership transparency, primarily to address concerns regarding the circumvention of anti-money laundering and counter-terrorism financing measures.
Worker Injury in the 'Internet Workplace'
November 30, 2015
Billions of people use the Internet for work-related purposes. According to the Pew Research Center's Internet and American Life Project, the fastest growing demographic for Internet workers is people aged 45 to 54. This is the same age group that is most likely to engage in workplace injury litigation.
Unconventional Lawyering Leading to Conventional Credibility
October 02, 2015
The authors contend that there are many real-life examples of out-of-the-box methods that attorneys can adapt and employ at trial, and indeed throughout the development of their case. Here are some examples of unconventional lawyering that work very well, they say.
Unconventional Lawyering Leading to Conventional Credibility
October 02, 2015
There are many real-life examples of out-of-the-box methods that attorneys can adapt and employ at trial, and indeed throughout the development of their case. This article explores some of these methods.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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