Legal Tech: Stop, Collaborate and Listen -- Collaboration Tools Are a Brand New Invention
November 01, 2018
Today's workplaces require tools that enhance employee productivity and provide the flexibility to never miss a critical business opportunity. Organizations in other industries have already experienced the benefits of enterprise collaboration, and now this technology is making its way into the legal sector. The rise of enterprise collaboration is redefining the modern law firm and legal department.
The PTAB's New Claim Construction Standard: Will the Real Impact Please Stand Up
November 01, 2018
Beginning on Nov. 13, 2018, the USPTO will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin "using the same claim construction standard that would be used to construe the claim in a civil action …."
Get It in Writing: Deducting False Claims Act Payments
November 01, 2018
In fiscal year 2017, the DOJ collected more than $3.7 billion dollars from False Claims Act (FCA) cases — part of the $86 billion it has collected from FCA cases since 1986. States and municipalities are aggressively pursuing FCA recoveries as well. Whether or not such payments are deductible as business expenses under the Internal Revenue Code is an important consideration when negotiating a settlement with the government.
Unprepared for a Cyberattack? The DOJ Wants to Change That
November 01, 2018
<b><i>New U.S. Department of Justice Cybersecurity Guidelines Stress Preparedness Amid Reports That Many Organizations Have Failed to Plan for a Breach</b></i><p>Data protection tips are virtually everywhere these days. So it's hardly surprising that the U.S. Department of Justice has released new guidelines on that very topic. The UK's National Cyber Security Centre is poised to follow suit.
New York State's Latest Ticket Sales Reforms
November 01, 2018
The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.
'Shell Game' Gets Away From Commercial Lease Guarantor
November 01, 2018
In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.
Usher Song Credit Suit Outcome; Suit Over Led Zeppelin Song Gets Retrial
November 01, 2018
A man claiming to have been cheated out of credit for writing a song that was eventually recorded by R&B star Usher won a more than $40 million judgment in a combined verdict and settlement against two men he co-wrote the song with. And the copyright case against Led Zeppelin by the band Spirit over "Stairway to Heaven" will return for an encore after the U.S. Court of Appeals for the Ninth Circuit called for a retrial.
Alleging the Existence of a Trade Secret in a Misappropriation Case
November 01, 2018
<b><i>The Detail Dilemma</b></i><p>How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.
Washington's FARA Frenzy Spurs New Legal Business
November 01, 2018
<b><i>The FARA feeding frenzy had already been building in recent years, but it gained traction in the months since Manafort's indictment last fall.</b></i><p>The U.S. Justice Department's aggressive enforcement of the Foreign Agents Registration Act (FARA) has drawn blood throughout the consultant class in Washington, with lawyers assessing the casualties and prowling for new business.
