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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.
Reading the Tea Leaves: Jury Awards $2+ Million for Bigelow’s “Manufactured in the USA 100%” Label
May 31, 2025
On April 8, 2025, a California jury found that R.C. Bigelow, Inc., the well-known manufacturer of Bigelow teas, intentionally or recklessly misled consumers by claiming that some of its teabags were “Manufactured in the USA.” The price for this mislabeling was steep, with the jury awarding the class action plaintiffs $2.36 million.
Navigating The Matrix: Mapping Your Firm's Capabilities in a Complex Legal Landscape
May 31, 2025
The concept of "The Matrix" has existed for decades in professional services firms, though it represents a relatively new framework within the legal industry. This powerful approach to understanding organizational capabilities and client relationships offers law firms a strategic advantage in today's competitive marketplace.
Swearing Behind: Overcoming Asserted Prior Art in PTAB Proceedings, Part 2
May 31, 2025
This two-part article discusses the various legal and evidentiary requirements for antedating and removing prior art that patent owners should consider when their pre-AIA patents are challenged based on a prior art publication or activity that is not otherwise subject to a statutory bar. Part One led off with a discussion of the legal requirements for antedating prior art by establishing an earlier invention via: 1) conception and diligent reduction to practice; and 2) actual reduction to practice. Part Two discusses the legal requirements for removing prior art that discloses an inventor’s own work and the evidentiary requirements for swearing behind prior art.
The 56% Problem: Manual Document Tasks Are Holding Lawyers Back — AI May Be the Solution
May 31, 2025
A new generation of legal tech, including rapidly advancing AI and AI assistants, is introducing capabilities that don’t just automate individual steps. These tools act as proactive collaborators, intelligently navigating complex documents, surfacing key risks, applying context, and taking action. They’re helping legal teams move from manual to marvelous — and that transformation is happening faster than many realize.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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