<b><i>Media & Communications:</i></b> The Art of PR
November 30, 2015
Love him or hate him, there is no question that Donald Trump is in for the long haul. Since he announced he was running for president of the United States, he has received wall-to-wall news coverage almost every single day from every form of media ' even "fake news" programs. What can we learn from him?
Apportionment of Lost Profits Damages Appears To Be Making a Comeback
November 30, 2015
The issue of damages remains a hot topic at the Federal Circuit, with patentees being continuously reminded that damages must be apportioned to account for the value of patented features, as opposed to unpatented features, of an accused product. However, the vast majority of these cases involve apportionment in the context of reasonable royalties. Very little has been said about apportionment in a lost profits analysis.
Construction Chargebacks: The Hidden Costs
November 30, 2015
Virtually every retail lease contains what is commonly referred to as the "Construction Exhibit." This article addresses the manner in which retail leases attempt to assess construction chargebacks, and discusses how a tenant should address them in its comments to the landlord's draft of a retail lease.
Required Minimum Distributions: Year-End Issues
November 30, 2015
The end of the year is the deadline for most individuals with qualified retirement plans and IRAs to take their required minimum distributions (RMDs) if they have attained age 70' or inherited their benefits. Here are some key issues that can impact RMDs.
<b><i>Sales Speak:</i></b> Law Firm Bus Dev
November 30, 2015
One thing that continues to remain constant in law firms is the difficulty that firms and lawyers have with identifying and communicating how they differ from their competition. The most common refrains that I hear being used when asked the question, "Why should clients retain you?" include the standard "quality, responsiveness, communication, practical advice," etc.
How Preclusion of an FDIC Action Under the Insured v. Insured Exclusion Could Change D&O Coverage
November 30, 2015
Coverage disputes stemming from the flood of lawsuits brought by the FDIC against directors and officers of failed banks are far from over. The most heavily litigated issue is whether a lawsuit commenced by the FDIC as a receiver of a failed bank is precluded by the "insured v. insured" exclusion commonly contained in Directors and Officers liability ("D&O") policies.
Technological Advancements and Traces of Infectious Disease
November 30, 2015
A number of recent discoveries are challenging the idea that infectious diseases are sporadic and relatively rare causes of illness and death. These discoveries are revolutionizing our understanding of the microbial world around us ' and presage significant changes in the legal landscape.
'Internet of Things' Litigation and Regulatory Risk
November 30, 2015
Most lawyers have heard of the "Internet of Things." Business leaders, after all, are busy making the Internet of Things (IoT) the next great wave of innovation to sweep across the global economy. Apple, AT&T, Cisco, General Electric, Google, Honeywell, Intel, Microsoft, Oracle, Panasonic, Samsung, and scores of others have been investing in the IoT for years. With current predictions of a $15 trillion IoT market in fewer than 10 years, it is easy to understand why so many industry giants have made the IoT a strategic priority.
Mobile Mayhem: Smartphones and Security (Or the Lack Thereof)
November 30, 2015
A company that cares at all about its data needs to stay abreast of the security risks mobile devices engender. There are many ways to combine policy and technology in ways that address these risks ' at least by identifying them and adapting appropriately.
'Consent to Assignment' Clauses Held 'Unenforceable by CA Court
November 30, 2015
Whether a policy's anti-assignment clause will void a transfer of insurance proceeds or coverage rights, by contract or operation of law, usually requires an analysis of whether the predecessor corporation is an insured under the policy; whether the predecessor corporation still exists; whether the successor corporation succeeded to the predecessor's liabilities; and more.
