Law Firm Leaders Struggle With Setting Firmwide Rates
December 31, 2014
The collective weight of the new year is upon law firm managing partners, with the season being that of collections, partner compensation and rate-setting. And the latter has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates and alternative fee deals are a growing part of firm revenue.
Federal Circuit Tackles RAND Royalty Rates
December 31, 2014
The Court of Appeals for the Federal Circuit, in a case of first impression, ruled that when the patent at issue is a standard essential patent (SEP) and its owner is subject to an obligation to license that patent on reasonable and non-discriminatory (RAND) terms, the jury instructions must discuss the specific obligations of that patentee and not RAND commitments in general.
Recent Developments In Restitution Law
December 31, 2014
The Supreme Court, recently settled an important question on the valuation of loan collateral and, at the opposite end of the complexity spectrum, it addressed restitution under the Violence Against Women Act for possession of child pornography, generating multiple dissents, and offering at least a flavor of how the justices might be inclined to approach the general restitution statutes.
Internet Changes Medication Sales Regulations
December 31, 2014
Internet use has changed the way medication purchases are regulated, due in part to patients' free access to information related to pharmaceutical products and medical care. Consequently, pharmaceutical manufacturers sponsor Internet links to promote direct-to-consumer (DTC) advertising via the Internet, with sales sites one click away.
Federal Contractors
December 31, 2014
With a recent string of Executive Orders signed by President Barack Obama and new rules published by the Department of Labor (DOL) regarding employment practices of federal government contractors and subcontractors, it may seem overwhelming to keep track of all the new requirements. This article identifies and summarizes these important developments over the course of the last year, and serves as a checklist for maintaining compliance.
Law Firm Billing Gets Smart with Tech
December 31, 2014
For law firms to get smart about bidding on work, they need a legal management infrastructure with deep knowledge and understanding of their matters, staffing resources, billing rates and spending data. This business intelligence (BI), goes beyond a stand-alone matter management application.
Liability to Non-Patients: Recent Decisions Offer Guidance
December 31, 2014
Although, generally, there must be a physician-patient or a hospital-patient relationship for a legal duty of care to exist upon which liability may be founded, in some situations, health care providers may be held liable to someone other than a patient.
Sequenced Discovery in Mass Tort Litigation
December 31, 2014
This article focuses on sequenced discovery ' an underutilized tool that permits courts to focus initial discovery on general causation. Sequenced discovery front-loads the issue of general causation and prevents plaintiffs from dragging out litigation without having been put to the test of proving that the product at issue can cause the alleged injury.
