GDPR-Based Objections to U.S. Discovery Requests: 2019 Year in Review
February 01, 2020
U.S. civil litigants faced with an obligation to produce "personal data" protected by GDPR can find themselves on the horns of a serious dilemma. Initial rulings addressing the tension between the broad scope of data protected by GDPR and the similarly broad scope of discovery under U.S. law revealed substantial skepticism that complying with a U.S. discovery request would expose parties to significant enforcement risk in the EU. This article takes a look at what arguments parties put forth in the past year, and make a few suggestions for how litigants can avoid violating one jurisdiction's law to satisfy another's courts.
Sales Speak: Strategies to Avoid or Reduce Billing Rate Discounts
February 01, 2020
Requests for discounts have become a routine step in the legal services purchasing process. Lawyers face the uncomfortable task of defending their billing rates in both RFPs and client pitches. But too often, lawyers don't make an effort to resist giving a discount when asked. Mostly because they haven't been trained in how to do it.
Real Property Law
February 01, 2020
Mechanic's Lien Not Invalid on Its Face
Temporary Flooding Not a De Facto Taking
Driving Law Firm Profits Through Data Analytics
February 01, 2020
"Data Analytics" have become more than just buzzwords and are an integral part of well informed decision making. The following best practices have the ability to bring your firm's data management up to speed with competitors in the law industry, while turning what might be an underutilized resource into a working asset that drives revenue.
U.S. Supreme Court Reaffirms the American Rule In De Novo Challenges to the PTO
February 01, 2020
In 2013, the PTO adopted a new policy under which any party commencing a de novo proceeding challenging a PTO decision would be responsible to pay a pro rata share of the salaries of the government attorneys working on the matter. On Dec. 11, 2019, the U.S. Supreme Court rejected the PTO's new interpretation of the Patent Act and held that the American Rule, a centuries-old principle under which each party bears its own attorneys' fees, does apply to this statute.
The Trademark That Got His Goat
February 01, 2020
In a recent trademark cancellation case that has drawn "human interest" attention in the news, the plaintiff appealed an adverse decision to the Federal Circuit. The plaintiff was not "kidding" when he expressed his opinion that the registered mark, described as "goats on a roof of grass," is demeaning to goats which, in turn, is offensive to him.
