The Curious Persistence of the Six-Factor Trade Secret Test, Part 2
May 31, 2025
This two-part article discusses the requirements for information to be considered a trade secret under U.S. law, focusing on courts’ continued use of the six-factor test outlined in the Restatement of Torts. Part One covered the evolving tests for establishing a trade secret, while Part Two examines the compatibility of those tests and potential considerations for litigators and legislators.
Modernizing the Revenue Cycle: A Strategic Imperative for Law Firms
May 31, 2025
The legal industry has long relied on the strength of its relationships, the quality of its legal work, and the predictability of its billable hour. But when it comes to financial operations — specifically billing and collections — many firms are still functioning on outdated assumptions, fragmented tools, and reactive processes that no longer meet the demands of the market. If the goal is to grow, improve profitability, and serve clients better, then firms must look at their revenue cycle as a strategic asset — not just a back-office function.
Ninth Circuit Rules That The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
May 31, 2025
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. The issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority.
Theranos Whistleblower Tyler Shultz: A Tale of Courage and Ethical Duty
May 31, 2025
In the annals of corporate fraud, few stories resonate as powerfully as that of Theranos, the Silicon Valley biotech startup that promised to revolutionize blood testing but collapsed under the weight of its own deception. At the heart of this saga is Tyler Shultz, a young whistleblower. This article recounts Tyler’s extraordinary journey and invites legal professionals to explore its lessons through our CLE program, which bridges his real-world experience with the ethical obligations enshrined in the Rules of Professional Conduct.
The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
May 31, 2025
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. Significantly, the issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority. Further, another question often addressed is whether there are potentially other nearby properties where the religious use might reasonably locate.
The World of the New Child Performers: Kidfluencers and Social Media Labor Laws
May 31, 2025
Entertainment and media counsel take note: Among social media influencers, the cool kids on the block are now, well, kids. In today’s digital landscape, children have emerged as a significant force in the world of social media content creation. Often referred to as “kidfluencers,” these youngsters are the subject of creative content ranging from toy reviews to family vlogs, garnering millions of followers and lucrative brand partnerships. Notable kidfluencers have turned childhood activities into multimillion-dollar enterprises.
Third Circuit’s Mootness Debate Avoids Reversal of Confirmation Order
May 31, 2025
The Third Circuit, in a complicated five-year old case, avoided the merits of two groups of appeals from an order confirming the debtor’s reorganization “Plan.” In In re Boy Scouts of America (BSA), the majority used statutory mootness, while a concurring judge would have used equitable mootness to dodge the issue of nonconsensual third-party releases in the Plan and Confirmation Order.
Navigating the Shifting Terrain of Tariffs and Costs In Commercial Real Estate
May 31, 2025
With Q2 well underway, the real estate sector faces a uniquely complex economic landscape. Rather than waiting for clarity, industry leaders are shifting from a reactive to strategic approach — adjusting their financial models, planning timelines and investment strategies to remain competitive in a landscape full of variables. The firms that plan best and adapt to the climate are likely to gain an edge.
Patent Policing: Federal Circuit Upholds District Courts’ Inherent Authority to Sanction Party Conduct
May 31, 2025
In recent decisions, the Federal Circuit affirmed the inherent powers of district courts to investigate and address potential party misconduct in patent litigations, including suspected fraud and bad faith conduct. This article delves into these key cases that upheld district courts’ policing by standing orders or sanctions and underscore the importance of transparency and proper conduct in patent litigation.
