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<i>Versata v. SAP </i>: Definitions Are Now the Name of the Game
September 02, 2015
<i>Versata Development Group v. SAP America</i> was a closely watched case since it was the first appeal to the Federal Circuit of a Covered Business Methods review by the PTAB under Section 18 of the America Invents Act. This article addresses the court's reasoning regarding the definitions of a covered business method patent, and how that reasoning is at odds with norms of statutory construction, technological innovation, and claim drafting.
Dewey Witness Says She Never Intended To Defraud
September 02, 2015
A cooperating witness in the Dewey &amp; LeBoeuf criminal trial, Dianne Cascino, testified last month that she didn't believe she was breaking the law when she made accounting adjustments as the firm's director of revenue support.
Tackle Billing Now to Avoid a Year-End Surprise
September 02, 2015
Attorneys rarely think about billings and collections in the summer or early fall. Instead, those are topics often left to the year-end collections push. By waiting, however, attorneys lose money, assume risks and otherwise miss important red flags for potential problems that can be avoided or resolved.
Buyout Funding and Death Benefits
September 02, 2015
Professional service organizations traditionally have elected a pass thru entity status (S Corp., LLC, LLP, partnership) in order to reduce double taxation at the principal's level. Similar additional taxation may occur with C Corps. and accumulated earnings tax as well as other confiscatory grabs. These issues create an impediment for the current accumulation of funds to satisfy a principal's buyout in future years.
Time to Revisit Equitable Mootness
September 02, 2015
Recently, Third Circuit Judge Cheryl Ann Krause urged the court to "consider eliminating, or at the very least reforming equitable mootness." Two recent decisions from the Third and Ninth Circuits confirm why Judge Krause is right.
The Evolution Between Outside and Inside Counsel
September 02, 2015
In this article, we bring the views and opinions from the client's perspective into focus on issues involving pricing, service, marketing, strategy, differentiation and more.
<b><i>The Voice of the Client:</i></b> Fruitful Feedback.How to Talk to Your Client So That Everyone Benefits
September 02, 2015
<I>"94% of global law firm clients were not asked for any formal feedback from their primary law firm." ' Acritas' Sharplegal research. "53% of law firms do not have a formal client feedback program." ' Citi 2013 Law Firm Leaders Survey.</I> It seems that many law firms aren't doing a particularly good job of talking with their clients. Why do so many firms fall down here?
It's Time for a Data Protection Checkup
September 02, 2015
This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.
Behind the SEC's Recent Crackdown on Compliance Officials
September 02, 2015
On June 18, 2015, SEC Commissioner Daniel Gallagher wrote in a statement placed on the SEC website that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firms' compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.
Does a Tenant's Right of Possession Trump a Sale Under Section 363?
September 02, 2015
This article explores several recent decisions evaluating whether a tenant's rights under section 365(h) survive a sale of the debtor's assets free and clear of all liens, claims, and encumbrances pursuant to section 363(f).

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