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Gain Without Pain: How to Maximize Marketing Vendor Relationships
June 02, 2017
If you are currently working with marketing vendors or are in the process of retaining one in the areas of branding/advertising, public relations, business development, social media, blogs, website/graphic design, SEO, events or any number of other functions, it is critical you understand how to maximize this invaluable resource.
The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine
June 02, 2017
Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?
Supreme Court Won't Take 'Who's on First' Copyright Case
June 02, 2017
First the copyright infringement case over the use of Abbott and Costello's "Who's on First" routine in a Broadway play was dismissed by a New York federal judge. Then it rounded the U.S. Court of Appeals for the Second Circuit, but was tagged out again. Now, in its third at bat, the lawsuit struck out with the U.S. Supreme Court declining to review the case.
DOL Issues Final Regulations on Disability Benefits Claims Procedures
June 02, 2017
On Dec. 16, 2016, the DOL published final regulations on disability benefits claims procedures for any group plans governed by ERISA that provide for disability benefits (the "Final Rule"). This Final Rule applies to any disability claims filed on or after Jan. 1, 2018, and will apply not only to health and welfare plans that provide for disability benefits, but also any qualified retirement plans that may offer disability benefits.
<b><I>Daubert</I></b> Motions Really Do Work
June 02, 2017
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.
How Analytics Is Shaping the Current and Future Practice of Law
June 02, 2017
Anyone following the news headlines of late is aware that artificial intelligence (AI) is being heralded as the technology that will transform industries far and wide — including the legal profession. The evolution of technology in the practice of law today has already led to significant advances in data analytics and data visualization, each of which are having a significant impact on legal work.
Should You 'Facebook' the Jury? It Depends on the State and the Judge
June 02, 2017
While social media profiles can present a trove of data points for jury selection — one that legal tech companies are eager to mine — researching jurors online while keeping on the right side of the judge and local ethics rules is hardly a straightforward exercise.
Financing Rolling Stock: Luxembourg Rail Protocol Steams Ahead
June 02, 2017
Cross-border trade and international law regimes are all affected by the Luxembourg Rail Protocol to the Cape Town Convention (the Cape Town Convention on International Interests in Mobile Equipment (the Convention)), which is well known to those experienced in aircraft financing. Like the Hague Securities Convention, the Cape Town Convention was sponsored by UNIDROIT (the International Institute for the Unification of Private Law), an intergovernmental organization whose mission is to harmonize international laws.
Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation
June 02, 2017
Although <i>TC Heartland LLC v. Kraft Foods</i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
Bank Liability for Federal Housing Act Violations
June 02, 2017
A discussion of a case in which the United States Supreme Court faced a claim by the City of Miami that two banks had violated the federal Fair Housing Act by issuing loans to black and Latino customers on terms less favorable than loans issued to similarly situated customers who were white and non-Latino.

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