Searching for Web Crawling's Legal Boundaries
June 02, 2017
Web pages are a treasure-trove of useful information for companies that are able to capture it using Web crawling (or scraping) technology. Yet, for over 20 years, courts have struggled to draw the line between the usefulness of such information and the rights of the content owners and website operators from which that content is derived. Once a niche issue, the increased use of this technology has compounded the disputes related to it.
Alternative Legal Services Providers: Changing Buyer Perceptions
June 02, 2017
A common perception of today's legal services industry is that buyers of legal services have many more choices because legal services are disaggregating and unbundling. No longer are law firms the only option for clients with legal work; they now have a wider menu of providers from which to choose.
DOL Issues Final Regulations on Disability Benefits Claims Procedures
June 02, 2017
As has been the case for several months now, health care legislation has been front and center. However, the DOL has recently issued final regulations impacting health and welfare plans that will become law, and are not up for debate, as are other health care changes. Here's what you need to know.
Gain Without Pain: How to Maximize Marketing Vendor Relationships
June 02, 2017
If you are currently working with marketing vendors or are in the process of retaining one in the areas of branding/advertising, public relations, business development, social media, blogs, website/graphic design, SEO, events or any number of other functions, it is critical you understand how to maximize this invaluable resource.
The Arrival of Justice Gorsuch May Bring Opportunity to Reform the Collective Entity Doctrine
June 02, 2017
Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?
Supreme Court Won't Take 'Who's on First' Copyright Case
June 02, 2017
First the copyright infringement case over the use of Abbott and Costello's "Who's on First" routine in a Broadway play was dismissed by a New York federal judge. Then it rounded the U.S. Court of Appeals for the Second Circuit, but was tagged out again. Now, in its third at bat, the lawsuit struck out with the U.S. Supreme Court declining to review the case.
DOL Issues Final Regulations on Disability Benefits Claims Procedures
June 02, 2017
On Dec. 16, 2016, the DOL published final regulations on disability benefits claims procedures for any group plans governed by ERISA that provide for disability benefits (the "Final Rule"). This Final Rule applies to any disability claims filed on or after Jan. 1, 2018, and will apply not only to health and welfare plans that provide for disability benefits, but also any qualified retirement plans that may offer disability benefits.
<b><I>Daubert</I></b> Motions Really Do Work
June 02, 2017
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.
How Analytics Is Shaping the Current and Future Practice of Law
June 02, 2017
Anyone following the news headlines of late is aware that artificial intelligence (AI) is being heralded as the technology that will transform industries far and wide — including the legal profession. The evolution of technology in the practice of law today has already led to significant advances in data analytics and data visualization, each of which are having a significant impact on legal work.
Should You 'Facebook' the Jury? It Depends on the State and the Judge
June 02, 2017
While social media profiles can present a trove of data points for jury selection — one that legal tech companies are eager to mine — researching jurors online while keeping on the right side of the judge and local ethics rules is hardly a straightforward exercise.
