The Impact of <i>TC Heartland</i> on Copyright Venue
August 01, 2017
The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.
Managing Cyber Risks in Medical Practices
August 01, 2017
<b><I>Part Two of a Two-Part Article</I></b><p>Astonishing computing power lets health care providers harness vast computing resources to drive their business plans, manage treatment protocols and crunch data to boost their practices. However, unintended consequences arise and, in the case of computers, one such consequence is cyber peril.
Motivating Attorneys to Establish Firm Objectives
August 01, 2017
Last month, the author discussed the fact that the two major challenges now facing lawyer management in many mid-size firms are: 1) how to motivate the non-entrepreneurial attorneys to achieve and to perform; and 2) how to retain the "over-achiever" attorneys so they will remain with the firm. He concludes this discussion herein.
Pay Equity Litigation Trends
August 01, 2017
New requirements and prohibitions on compensation practices around the country are making pay equity a hot topic. These obligations seek to address the "gender pay gap," which the latest reports estimate is at a little over 20%, with women across all occupations having median earnings around 78% of the median earnings of men.
Differing State Laws on Restrictive Covenants
August 01, 2017
<b><I>Employers, Beware!</I></b><p>The law on restrictive covenants varies significantly from state to state, and is governed by the common law, statutes, or a combination of both. Drafting an effective and enforceable restrictive covenant is essential to protecting your interests as an employer as well as the interests of the company as a whole.
The Law Firm Value Proposition
August 01, 2017
<b><i>How to Successfully Hire Lateral Partners</b></i><p>While a law firm asks for specific education, experience, contacts and portables at certain law firms, what if the candidates were to ask for their own list of must-haves? How would a firm measure up?
The Law Firm Value Proposition
August 01, 2017
<b><I>How to Successfully Hire Lateral Partners</I></b></><p>Every firm the author meets with has a long list of must-haves when it comes to potential lateral hiring, yet very few have defined their value proposition or can live up to an equally long list of offerings for a lateral partner to consider<I>them.</I> Here are his suggestions for successfully hiring laterals.
Divorce and the Undocumented Spouse
August 01, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Marriage to a U.S. citizen, by itself, does not confer legal status on an undocumented immigrant. However, a valid marriage — one not entered into for the purpose of evading immigration laws — can provide an avenue to legal status in some circumstances. Thus, if an undocumented immigrant gets divorced, she will generally lose that avenue.
