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The Route to Federal Court Clarified
An oft-recurring task for counsel (both inside and outside) is analyzing whether a new lawsuit filed in state court can properly be removed to federal court, or whether the client (often an out-of-state company) must be left to the tender mercies of the state forum. The passage by Congress of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (the “JVCA” or the “Act”) doesn't open the door to the federal courthouse a great deal wider, as the Class Action Fairness Act did. Nonetheless, the points of law settled by the JVCA may provide defendants with removal opportunities that they didn't have formerly, at least in some circuits. Further, in supplying uniform rules on a number of removal issues, the Act brings a measure of predictability to removal practice, which alone makes the statute significant.
The JVCA was signed into law on Dec. 7, 2011, and became effective on Jan. 6, 2012, applying to all cases removed to federal court on or after that date. While the statute also deals with jurisdiction, venue and transfer rules in the federal courts, this article focuses on the statute's most significant changes, those affecting removal from state to federal court. The most salient points of the Act as affecting removal are summarized below.
Timing in Cases with Multiple Defendants
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.