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Employees are the lifeblood of an organization. Companies, including law firms, are rightfully attempting to navigate what the past two years have meant to the labor force and make sense of the changes to the landscape so that they can successfully manage their businesses.
Included in this mix are outsourcing service providers. Over the past year, Mattern has had a front seat view to the broad labor issues facing our country writ small in the field of outsourced services for law firms. Service providers have had significant issues attracting, hiring and retaining talent to work for them on-site in law firms. And in turn, law firms have experienced serious issues having foundational functions executed upon, like mail delivery, reprographics work, records, and so on.
Recent labor market news and statistics tell us that the trends we saw in 2021 will continue for the foreseeable future. Recent job openings reports showed approximately 11 million openings with 6.9 million unemployed Americans in the same reporting period, which means there were about 1.5 jobs available for each person.
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In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
Most of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.
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