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General Counsel and In House Counsel

  • Part Two of a Two-Part Article

    In last month's newsletter, the author began a discussion of the manufacturer practice of making increased safety features available to purchasers — but only for a price. The discussion concludes herein.

    November 01, 2016Larry E. Coben
  • Would Judge Peck's admiration and advocacy for predictive coding lead him, upon a request by the opposing party, to force a responding party to use it against that party's own wishes? Judge Peck recently faced this issue, putting potential use of predictive coding at odds with established precedent and procedure regarding how to conduct discovery.

    November 01, 2016By H. Christopher Boehning and Daniel J. Toal
  • Movers & Shakers Law firm Venable recently announced the addition of former AOL Inc. chief counsel, Charles D. Curran, as a partner in…

    November 01, 2016ssalkin | Law Journal Newsletters
  • Part One of a Two-Part Article

    While the Yates Memo makes no formal changes to the DOJ's position on privilege with respect to cooperation credit for businesses, its practical implications could be far-reaching.

    November 01, 2016Ty E. Howard and Todd Presnell
  • Two New York Case Studies

    An application for a late notice of claim sounding in medical malpractice on behalf of an infant must be brought within the 10-year statute of limitations running from the date of the malpractice. This article examines two decisions from New York's highest court, the Court of Appeals, addressing such applications.

    November 01, 2016Thomas A. Moore and Matthew Gaier
  • For Nursing Home Patients, No More Compelled Arbitration

    November 01, 2016ljnstaff | Law Journal Newsletters
  • Most divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection with the implementation of the marital settlement agreement or divorce.

    November 01, 2016Eli Uncyk and Jeffrey S. Kofsky
  • Although a handful of law firms has hired non-lawyer sales teams, most still rely upon individual attorneys or practice groups to generate new client matters (i.e., to sell) even though the majority of them have never received business development skills training. This article describes some of the important characteristics and habits shared by attorneys who have built successful practices.

    November 01, 2016Cynthia Sharp
  • As important as software and business method inventions are in the new digital economy, it is often unclear whether they can be patented. This uncertainty is largely due to a legal rule that “abstract ideas” are not eligible for patent protection, which is based on a long line of U.S. Supreme Court cases, with Alice Corporation v. CLS Bank being the most recent and influential.

    November 01, 2016Nam Kim
  • Compensation provisions in entertainment contracts are in one or two subparagraphs. To simplify drafting and to use “plain English,” the compensation provisions often contain introductory, governing language along the lines of: “In full and complete consideration for entering into and performing all of the terms hereof.” However, is such a “plain English” approach always a “best practice”?

    November 01, 2016Thomas D. Selz