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In-House Counsel: Protecting the Privilege in a Post-Yates Memorandum World
June 01, 2016
Internal investigations have always posed vexing issues. In-house counsel need to make difficult decisions on matters such as scope and purpose of the investigation, who will conduct the investigation, how costs will be controlled, and the work product that they will generate.
Landlord & Tenant
June 01, 2016
A look at a case in which a landlord recovered in a nonprimary residence proceeding.
IP News
June 01, 2016
Federal Circuit: A Computer Database Logical Model Is Not an Abstract Idea If Directed At a Specific Implementation of a Solution to a Problem In the Software Arts <br>Federal Circuit: In Claim Construction Analysis, Plain Term Meanings and Presumption of Claim Differentiation Get Outweighed By Intrinsic Evidence and Prosecution History
Building the Better Buy-Sell Agreement
June 01, 2016
Buy-sell agreements are arrangements between owners of a business where one or more owners agree that they will purchase the interest of an owner who withdraws or becomes deceased. Essentially, a buy-sell agreement is similar to prenuptial agreement between business owners, which details the financial aspect of the unwinding of the business relationship.
Recent Uses of Software and the DMCA
June 01, 2016
One of the motivations for enacting the Digital Millennium Copyright Act (DMCA) was the acknowledgement by Congress of "the ease with which pirates could copy and distribute a copyrightable work in digital form was overwhelming the capacity of conventional copyright enforcement to find and enjoin unlawfully copied material." Among the provisions created to redress this rampant infringement were the prohibitions against: 1) removing copyright management information (CMI); and 2) circumventing technological measures in place to prevent infringement. Each is controversial.
Cooperatives & Condominiums
June 01, 2016
A look at a co-op shareholder's action for a judgment that the co-operative corporation and its board breached obligations under the proprietary lease by unreasonably withholding consent to alterations.
Justice Scalia's Approach to Textualism in White-Collar Law
June 01, 2016
Textualism" in statutory interpretation ' generally speaking, a focus on the objective meaning of statutory language in context ' has now become an essential feature of this pattern.
Supreme Court Deadlock over Spousal Guaranties Will Continue to Affect Costs of Equipment Financing
June 01, 2016
This article is a follow-up to the author's September, 2015, review of best practices for obtaining spousal guaranties in equipment financing transactions in light of the Supreme Court's decision in <i>Hawkins v. Community Bank of Raymore.</i>
Drug & Device News
June 01, 2016
Discussion of several key news items that affect med mal practitioners.
Child-Support Judgments Beyond U.S. Borders
June 01, 2016
The whole purpose behind the Uniform Interstate Family Support Act (UIFSA), adopted, for example, as Article 5-b of the New York Family Court Act (FCA), is to make the process uniform, cheap and easy to register and enforce support judgments from different states. But what about a cross-border award?

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  • Disconnect Between In-House and Outside Counsel
    'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
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  • Divorce Lawyers' Obligation to Children
    Do divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.
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  • Upping the Legal Training Ante
    Womble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.
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