The Progressive Lawyer: Decision-Making and the 'Metaphorical Bias Model'
Across the nation, by far the most common setting for deciding domestic relations cases is the bench trial, where the judge sits alone without a jury except in extraordinary circumstance; cases involving domestic torts, for example. In the final analysis, therefore, our judges are our audience. They are certainly more than a passive audience; they are participants in every sense.
The Disparate Impact of Hiring Practices
In a first-of-its-kind decision, the U.S. Court of Appeals for the Eleventh Circuit deferred to the EEOC and held that job applicants may bring "disparate impact" claims for age discrimination against potential employers, even in the absence of evidence of intentional discrimination.
The Raising of a Privacy Shield
On Feb. 2, 2016, the U.S. Department of Commerce and European Commission unveiled a new framework for personal data transfers from European Union (EU) Member States to the U.S. The new framework ' dubbed the EU-U.S. Privacy Shield ' will replace the EU-U.S. Safe Harbor program, which was invalidated by the European Court of Justice (ECJ) in 2015.
Internet Task Force Examines Copyright In the Digital Age
On Jan. 28, the Commerce Department issued a much-anticipated policy statement entitled "White Paper on Remixes, First Sale and Statutory Damages: Copyright Policy, Creativity, and Innovation in the Digital Economy." This article briefly describes the white paper's scope and recommendations, with a focus on the issue of statutory damages, as to which the white paper proposes several amendments to the current Copyright Act.
Enterprise Legal Management
The function of legal departments has shifted from primarily managing legal matters and costs to acting as revenue generators that provide information and analytics valuable to the entire company. This article offers a primer about enterprise legal management (ELM).
Case Notes
Analysis of a case in which a <I>Cumis</I> counsel was on the hook for unreasonable fees
Entity Selection for Attorneys
One of the most significant early decisions attorneys make when deciding to hang out a shingle is what type of entity would be best for their practice. Choosing the right entity is a must. The right legal structure can save taxes, minimize legal exposure and avert costly business hassles. But is the right choice for yesterday still the right one for today?
Competitive Intelligence
Competitive Intelligence (CI) is not a new concept. It has been actively practiced in many industries for a number of years. In fact, CI has existed in law firms that have been proactively implementing ways to respond to changing client expectations since the early 2000s, though it has been gaining widespread prominence in the last few years.
Uncertainty Reigns Over Ownership Of Social Media Content
When a social media account is created, who owns the resultant content? When a business cultivates Facebook "likes" in order to expand its marketing reach and effectiveness, who controls the outpouring of support for the company?
