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Is Anyone Reading Your Content?
September 02, 2017
<b><I>How to Make Sure They Do</I></b><p>Giving clients and prospects valuable information is a proven way to market, but to be effective it must be the right kind of content, both in terms of style and substance. It also needs to be marketed with your end goals in mind.
Challenges to the Admissibility of Evidence in the 'Omics' Era
September 02, 2017
Even though the technology is cutting edge, the admissibility of expert testimony regarding genetic testing is subject to age-old rules. This article reviews some recent decisions regarding genomics, and provides practice pointers for litigators involved in these types of proceedings.
A Broadening Consensus to Narrow Asset Forfeiture
September 02, 2017
It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.
<b><I>Competitive Intelligence:</I></b> Smart Plans: Integrating Analysis and CI into Annual Business Planning
September 02, 2017
Consider a smarter, more perceptive approach to business planning for 2018: one infused with data and focused not on what has been done before, but on what can be done in light of all available information.
Medical Marijuana
September 02, 2017
<b><I>Accommodating Employees Who Use It</I></b><p>Here is the latest tip for employers: Do not be too quick to "just say no" to medical marijuana. The "it's a federal crime" escape hatch employers invoked previously has been closed by more and more courts in states with medical marijuana laws.
<b><i>Online Extra</b></i><br> Judge Signs Off on Google's $22.5M Settlement in AdWords Class Action
September 02, 2017
A federal judge in San Jose, CA, has signed off on a $22.5 million deal Google Inc. reached in a long-running class action accusing the company of overcharging certain customers using its AdWords keyword advertising program.
Reflections on <b><I>Kokesh v. SEC</I></b>
September 02, 2017
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>The <I>Kokesh</I> decision raises potential consequences that move beyond the realm of SEC enforcement. They are discussed in depth in this article.
Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA
September 02, 2017
A recent decision described herein appears to fix a narrower standard in determining what constitutes a substantial burden on religious exercise under RLUIPA than had been followed in previous decisions.
<i>Online Extra</i><br>Trump Cybersecurity Council Resignations Could Mean Disruption for Cybersecurity Policy
September 02, 2017
The departure of eight members of the council could signal a strained relationship between the business sector and the government around cybersecurity policy.
Selling the Value of Litigation Support
September 02, 2017
When it comes to practicing litigation, the use of technology is no longer optional. What is optional, however, is under which business model firms deliver this service to their clients, and how to determine which model balances the most value — to the client and the firm.

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    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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