Federal Tax Errors That Attorneys Make
January 01, 2018
This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.
The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey
January 01, 2018
A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.
Examine KPIs on a Micro-Level to Boost Law Firm Profitability
January 01, 2018
You say your law firm is profitable. How do you know? To fully understand your law firm's results of operations and financial condition, you should measure and examine key performance indicators (KPIs) on a granular level. Looking beyond high-level KPIs can provide actionable information to make operational and strategic decisions.
The False Claims Act Seal: The DOJ's Position
January 01, 2018
<b><i>Part Two of a Three-Part Article</i></b><p>Notwithstanding the absence of an explicit gag order in the statute, the DOJ takes the position that, even if the relator properly files the case under seal at the outset, that relator can later “breach the seal,” and be subject to judicial sanction, if he or she discloses the existence of the <i>qui tam</i> to others.
'Trial of the Century' Takes on Hell or High Water
January 01, 2018
<b><i>Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?</i></b><p>There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.
Internet Goods and Product Liability
January 01, 2018
The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
Exclusion of Evidence: The FDA's 510(k) Process
January 01, 2018
In a drug or medical device injury case, one of the defense's most potent arguments is often that the product in question underwent FDA approval, so the balance of its safety and efficacy has already been determined. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.
IP News
January 01, 2018
Federal Circuit Affirms Finding That Rembrandt's Patent Is Not Infringed by Apple's Accused Products<br>District Court Transfers Case after Federal Circuit Ordered It to Reconsider Party's Venue Objections In Light of <i>TC Heartland</i><brPTAB Decision Invalidating AIP Internet Network Patent Affirmed on Appeal
To Train or Not to Train? That Is the Question
January 01, 2018
Before starting a training program, conduct a needs assessment when performance is inappropriate or inadequate. This means when one or more attorneys or staff are not doing what they should be doing, or they are doing something they should not be doing. Here's how to proceed.
