Law Firm Mergers
March 17, 2014
When larger firms move into a new market by merging with a smaller, local firm, increased billing rates often cause the small firm's long-term clients to seek more affordable counsel.
<i>BREAKING NEWS:</i> Ex-Dewey Leaders Charged With Fraud, Theft
March 06, 2014
Following a nearly two-year investigation that began as Dewey & LeBoeuf spiraled toward death, its former chairman, Steven Davis; its former executive director, Stephen DiCarmine; and its ex-chief financial officer, Joel Sanders, were accused on March 6 of "concocting and overseeing a massive effort to cook the books" at the firm.
Supreme Court Grants <i>Cert</i> in <i>Aereo</i> Case
February 28, 2014
<i>Aereo</i>may turn out to be one of the most important copyright decisions since enactment of the Copyright Act of 1976, with potential wide-ranging ramifications for the television industry and the fast-growing cloud computing industry.
The Implied Covenant of Good Faith and Fair Dealing under U.S. Law
February 28, 2014
It is a truth universally acknowledged that even the most well-written agreement never covers all potential issues that may arise in the future, and that when the rubber hits the road, the parties to the agreement never interpret its terms the same way.
<i>Pom v. Coke</i> Could Create a Juicy Precedent on Food Labels
February 28, 2014
Food companies will be watching closely a Supreme Court case this spring that could establish the fate of private causes of action challenging food labeling. While the case focuses on federal law, it also has implications for state causes of action. In particular, the class action bar has been prolific in its challenges to food labels, and this case could affect the future viability of such actions.
Privacy and Ethics For Social Media In Investigations
February 28, 2014
It begins with a name ' perhaps an employee alleged to have been involved in misconduct or a suspected whistleblower. Regardless of the origin of identity, if the person is relevant to a company's internal investigation, whatever information that can be provided is power for the company, the power to make informed decisions.
Commemorative Ad Isn't Protected Free Speech
February 28, 2014
Entertainment trade publications often compile special issues and sections that include tribute ads commemorating celebrated individuals and events. The U.S. Court of Appeals for the Seventh Circuit weighed in on the practice in the context of free speech regarding an ad in a special issue of the consumer imprint <i>Sports Illustrated</i>.
The Ethical Boundaries of Attorney Whistleblowers
February 28, 2014
In recent years, federal legislation has encouraged attorneys to become whistleblowers. These rules are in tension with the lawyer's duties of confidentiality and avoiding conflicts predicated on attorney self-interest because they allow disclosure of client confidential information more broadly than do applicable ethics rules.
Copyright Concerns In Electronic Music
February 28, 2014
An increasing amount of popular music lacks several traditional markers that courts use to determine whether one song is "substantially similar" to another. But can a sound texture be protected by copyright? This article provides a road map for lawyers and judges alike to navigate substantial similarity in non-traditional forms of music, with a particular focus on electronic music.
Key Privacy Law Developments
February 28, 2014
Earlier this year, President Obama addressed the nation to outline steps he will take to rein in the surveillance activities of the National Security Agency. Obama noted that "challenges to our privacy do not come from government alone." The President's remarks were the culmination of a year in which consumer privacy issues have roared into the public narrative, and they underscore a theme that privacy lawyers had already sensed about their practice by the end of 2013: The tide is changing.