Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
January 01, 2023
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"
A Legal CIO's Guide to Technology Procurement In 2023
January 01, 2023
For a legal CIO, one of the key responsibilities is to establish that the organization has the right technology in place to support its operations and achieve its business goals. This can be challenging, as there are many factors to consider when choosing new technology for your organization. One bad decision can have a material impact on not only the bottom line, but on the ability of your firm to compete in an ever-changing legal market.
Two Techniques That Up Your Team Management Skills In 2023
January 01, 2023
Good team leaders create an environment in which attorneys and staff work hard, are loyal, and add to profitability. Setting expectations and goals is an essential step in becoming an effective team leader. Make a commitment this year to up your management skills with these two key techniques.
Using Feedback To Improve Team Performance
January 01, 2023
The problem with giving feedback is that it often comes across as criticism. Human beings tend to react defensively, resulting in a denial of the feedback or worse, entrenchment in the behavior or attitude that may be derailing them in the first place. How can we give feedback in a way that minimizes defensiveness?
Best Practices In Second Request Document Review: Eliminating the Fear Factor
January 01, 2023
Part One of a Two-Part Article: Challenges and solutions in document review
HSR second requests have become increasingly common in mergers or acquisitions that meet the premerger reporting threshold, which in 2022 was a transaction value of more than $101 million. The burdens of complying with second requests are onerous. The mere thought of undergoing such an exercise tends to strike fear in the heart of the legal department. In this article series, we'll outline the major challenges of second requests, suggest strategies to overcome them, and discuss how to face a second request with equanimity and confidence.
Copyright Claims Board: Now Entering the "Active Phase"
January 01, 2023
2023 is shaping up to be a big year for small claims. Since making its debut in June of 2022, the Copyright Claims Board (CCB) has received over 250 claims, and at least 11 have made it to the "active phase," with more on the way. Active phase means a respondent was served, failed to "opt out," and now the esteemed three-member tribunal of copyright experts may finally get a chance to make some rulings.
How to Give and Receive Feedback Effectively to Improve Team Performance
January 01, 2023
The problem with giving feedback is that it often comes across as criticism. Human beings tend to react defensively, resulting in a denial of the feedback or worse, entrenchment in the behavior or attitude that may be derailing them in the first place? How can we give feedback in a way that minimizes defensiveness?
Is Trademark Protection Going to the Dogs?
January 01, 2023
The Ninth Circuit held in VIP Prods. LLC v. Jack Daniel's Properties that VIP's "Bad Spaniels" dog toy mimicking the appearance of a Jack Daniels whisky bottle was protected expression under the First Amendment. The Supreme Court granted cert in November 2022 to consider the principal question whether humorous use of another's mark on a commercial product should be assessed under Rogers or the traditional multipart test of likelihood of confusion.
