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Too Much <i>Fluor?</i> California Supreme Court Overturns <i>Henkel</i>
October 02, 2015
The California Supreme Court recently reversed course and overturned one of its earlier decisions, rejecting consent-to-assignment clauses as a bar to coverage where the loss at issue pre-dates the assignment.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
October 02, 2015
The NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented 'employees. We conclude our discussion of the report herein.
Overcoming Challenges In Transferring Technology In Academia and Beyond
October 02, 2015
University technology transfer offices (TTOs) bridge the gap between innovation and commercialization by identifying ways to protect university-generated innovations from unauthorized exploitation, by obtaining the appropriate protection for such innovations, and by facilitating commercialization of these innovations. For-profit companies worldwide engage in a similar process; however, universities face unique challenges in these efforts.
Ninth Circuit Says Fair Use Must Be Considered In DMCA Takedowns
October 02, 2015
Copyright holders must take into account fair use defenses before demanding that services such as YouTube take down unauthorized content, the Ninth Circuit ruled last month.
Employees with Duty to Report Bias Protected from Retaliation
October 02, 2015
The "manager rule" purports to address a concern that, if counseling and communicating complaints are part of a manager's regular duties, then "nearly every activity in the normal course of a manager's job would potentially be protected activity," and "an otherwise typical at-will employment relationship could quickly degrade into a litigation minefield," according to <I>Hagan v. Echostar Satellite</I>.
<b><i>At the Intersection:</i></b> Communication Babble, Redux
October 02, 2015
The authors began their two-part series on "communication babble" in the July Issue of this newsletter They conclude herein with "an only slightly disguised true story."
AshleyMadison.com Says 'Doe' Claims Not Valid
October 02, 2015
The parent company of extramarital site AshleyMadison.com said it plans to get lawsuits filed in the wake of its recent security breach tossed out by arguing that the plaintiffs have improperly used "Doe" pseudonyms and that their claims belong in arbitration.
Surprising Revelations on Experts and Contingent Fees
October 02, 2015
A decision by the U.S. Court of Appeals for the Eighth Circuit issued at the end of July stimulates consideration of important questions that many of us don't think much about.
<b><i>Marketing Tech:</i></b> Attract New Clients Online
October 02, 2015
The Perceptio marketing firm reports that more clients searching for an attorney found them from Internet content than they did from referrals. This confirms earlier research by LexisNexis reported in 2014 that most consumers go online to look for an attorney
Technology and Data Risks Related to Conflicts Clearance
October 02, 2015
Effective conflicts clearance is critical to law firm risk management. The cost of missing a conflict of interest can be significant ' from loss of business to serious reputational damage. That is why enhancing conflict of interest management consistently rates as a top concern in law firm surveys.

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