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Predictive Coding and Keyword Search
June 02, 2014
Litigation, investigation, and regulatory requests require in-house counsel to manage multivariate issues (legal and business) to effectively mitigate risk involving threats to reputation, finance, and even survivability. This must all be done within the confines of expedience and cost.
Drug & Device News
June 02, 2014
Discussion of several key news items of importance to legal practitioners.
Verdicts
June 02, 2014
Two key cases are discussed.
NBC Universal Not Liable for Link To Attack Article
June 02, 2014
The Appellate Court of Connecticut ruled that NBC Universal, through its cnbc.com website, was not responsible for linking to the content of an alleged defamatory article by Teri Buhl, a self-described "smashmouth investigative journalist."
Food Labeling Claims: Differing Approaches
June 02, 2014
A recent decision by the federal court for the Eastern District of New York provides an interesting analysis of the various elements of class certification as applied to food or beverage cases, and re-emphasizes the difference in approach by the federal circuits.
Petrella's Lawyers Are Unusual Duo
June 02, 2014
Winning a judgment against a movie studio for copyright infringement is one of the toughest litigation assignments out there. But it might have become a bit easier after the victory at the U.S. Supreme Court by the unusual duo of entertainment lawyer Glen Kulik of Kulik Gottesman & Siegel in Sherman Oak, CA, and professor Stephanos Bibas of the University of Pennsylvania Law School.
Reclassification of Obesity and Changes to the Manual of Mental Disorders
June 02, 2014
Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict.
Medical Monitoring
June 02, 2014
Courts typically treat medical monitoring as a potential remedy for a traditional tort claim. In such cases, plaintiffs allege exposure to toxic substances as a result of a defendant's tortious conduct; yet at the time the action is commenced, plaintiffs are asymptomatic and allege no physical injuries.
Upcoming FLSA Changes: What You Need To Know
June 02, 2014
President Barack Obama recently directed the DOL to propose revisions to modernize and streamline existing overtime regulations under the Fair Labor Standards Act (FLSA). The changes will likely have a significant impact on employers and their overtime obligations.
Are We All Computer Felons?
June 02, 2014
Tthe Computer Fraud and Abuse Act (CFAA) has come under recent scrutiny due to its use against unsuspecting individuals who may not be the malicious hackers that the Act was originally meant to address. This has led to a noisy push for CFAA reform, a split in the Federal Circuit Courts and calls for Congressional action.

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • Inferring Dishonesty: The Fifth Amendment and Fidelity Coverage
    Dishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud &amp; Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>
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  • Reset Clauses In Ground Leases
    The purpose behind rent reset clauses is simple — to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.
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