Features
Laterals: When Is the Best Time to Make a Move?
If you are a partner considering a lateral move, then you are probably focused on the boost a new firm could offer your practice, and on cultural fit. However, the authors' review of the 2,353 partners who moved between Am Law 100 firms in 2010 through 2012 suggests that some more prosaic factors matter too.
Features
The New Patent Venue Regime
Venue in patent cases lies "in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." Since 1990, the Federal Circuit interpreted the term "resides" coextensively with the general venue statute such that patent venue lay where the defendant was subject to personal jurisdiction. But this year, the Supreme Court greatly narrowed that definition in <i>TC Heartland v. Kraft Foods</i>. The Federal Circuit, in turn, interpreted the newly-relevant alternative phrase. After two decades of relaxed patent venue rules, these decisions work a seismic shift in patent litigation.
Features
The Food Safety Modernization Act
<b><i>Part One of a Two-Part Article</i></b><p>By being proactive in adopting safe food processing operations, such companies hope to protect their reputation and business from the negative publicity and possible financial disaster arising from the sale of contaminated food and non-compliance with the Food Safety Modernization Act (FSMA).
Features
Social Media: Questions of Admissibility and Ethics
<b><i>Part One of a Two-Part Article</i></b><p>This two-part article is divided into three sections: 1) Social media, defined; 2) Examples of how social media has been used in family law cases; and 3) Ethical considerations for attorneys who gather social media evidence.
Features
Reflections on the Life Partners Holding Inc. Bankruptcy
Many bankruptcy practitioners are at least somewhat familiar with the highly publicized proceedings involving Life Partners Holdings Inc. (LPHI), a company that sold fractional ownership interests in life insurance policies — referred to as life settlements. This case was as complex as any could imagine and, as the Trustee appointed to manage this bankruptcy, the author had a front-row seat.
Features
AIM 1-2-3
There is a patented methodology that follows the same path that the introduction of depreciation followed, with the impact being similar in its influence, power and effect: The AIM (Actuarially Initiated Measurements) Program. An employer using this methodology realizes the ability to uncover and maximize missed opportunities to control fluctuations and variations in earnings per share (EPS).
Features
Discovery Strategies for a Creditor in a Bankruptcy Case
<b><i>Beyond Filing a Proof of Claim</b></i><p>This article explains the rights of a creditor, whether an equipment financier or otherwise, to pursue examinations of a debtor in bankruptcy in order to obtain sworn testimony and information that may be helpful to the creditor.
Features
The Myth of the Secure Cloud
"There's really no such thing as the cloud, there are only other people's computers." This may have been true at first; but it is now worth some investigation if the present threat environment today demands a secure cloud.
Features
DE Supreme Court Clarifies Role of Deal Price In Appraisal Fair Value Determination
Corporate practitioners have been closely following developments in Delaware's shareholder appraisal litigation. Much of the interest concerns the court's "fair value" determination and the risk that an acquiring company will have to pay appraisal petitioners more than the merger deal price. In a much-anticipated decision, the Delaware Supreme Court provides valuable guidance about the relative importance of the deal price in the court's adjudication of the "fair value" of a petitioner's shares.
Features
Procedures for Protecting Entertainment Domain Names Against Cybersquatters
Because there are so many new digital channels for possible intellectual property infringement, knowledge of the various mechanisms available to combat the issue is vital to enabling entertainment industry owners to protect their brand.
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