App-portionment In the Supreme Court In <i>Apple v. Samsung</i>
June 01, 2016
The Supreme Court granted Samsung's request, in <i>Apple, Inc. v. Samsung,</i> for certiorari to consider whether Section 289 of the Patent Act requires an apportionment of profits for only the infringing feature(s) of the accused product, or instead contemplates profits for the entire product.
Joint Employment and the Contingent Worker
June 01, 2016
Contingent employment arrangements result in third parties, such as the temporary staffing agency, employing the workers ' not the company on whose behalf the work is being performed. These arrangements generally allow the putative joint employer to minimize or even avoid functions such as recruiting, screening, hiring, paying workers, and complying with labor and employment laws. This avoidance, however, often comes with significant risks.
Media & Communications: Wikipedia
June 01, 2016
The usefulness and ubiquity of Wikipedia makes it nearly everyone's first port of call for online research. Because of Wikipedia's importance, it presents both a huge opportunity and a great danger to companies and people written about in its virtual pages.
Development
June 01, 2016
Expert analysis of two key cases.
Preparing for New Crowdfunding Regulations
June 01, 2016
On May 16, Regulation Crowdfunding came into effect. Regulation Crowdfunding is applicable to crowdfunding offerings conducted in reliance on Section 4(a)(6) of the Securities Act of 1933, as amended.This article summarizes the practical terms of the crowdfunding rules.
Municipal Silence Leads to Successful Fair Housing Act Claim
June 01, 2016
What inferences can be drawn from the silence of municipal officials who vote to reject a request to rezone property to provide housing for the disabled? In <I>Step By Step, Inc. v. City of Ogdensburg </I>, a federal district court inferred discriminatory intent, and ordered the City Council to approve the rezoning request.
Case Notes
June 01, 2016
Analysis and discussion of three pivotal rulings.
Traits of Future Equity Partners
June 01, 2016
In the last 10 years, the author has coached hundreds of associates. Some left law entirely, others have gone in-house or to work for the government, Many have become non-equity partners, and some are equity partners. Here is a look at the ones who aim for partnership in a large firm.
Ethnicity-Based 'Economic Loss' Testimony Unconstitutional
June 01, 2016
Two years ago, a bombshell decision issued in the Eastern District of New York by Judge Jack B. Weinstein held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in a tort case. <I>G.M.M. v. Kimpson</I>, 2015 U.S. Dist. LEXIS 99715 (E.D.N.Y. July 30, 2013).,
The SEC Whistleblower Program
June 01, 2016
Last month, in Part One of this article, the authors examined the overall structure, operation and experience of the SEC's Whistleblower program over the first five years of its operation. In Part Two herein, they take a closer look at how the Office of the Whistleblower (OWB) processes Whistleblower claims.