Young Lawyers

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Largely Thankful For The Second Circuit Striking A Blow Against Generalized Proof of Causation

This being the week of Thanksgiving, we would be remiss to fail to weave in something about the great American (or ‘merican) holiday of giving thanks, eating turkey, watching football, and pondering the influence of the...more

Amendments to Federal Civil Rules Governing Discovery and Preservation of ESI Set to Take Effect December 1, 2015

The course of federal civil litigation will take a turn on December 1, 2015, with pending amendments to several rules governing discovery, case management, and the preservation of electronically stored information (“ESI”) set...more

Don’t Lose a No-Hitter – Use of Questionnaire and Compliance Terms and Conditions

Before Jim Crane came along to purchase the Houston Astros and provide us all with some of the best lessons learned for the compliance practitioner, they had a long and storied history, even if part of that history included...more

The 2015 Amendments to the Federal Rules of Civil Procedure: Changing the Way Civil Litigants Operate in Federal Court

On April 29, 2015, the United States Supreme Court adopted the package of proposed amendments to the Federal Rules of Civil Procedure (“FRCP”) that had been approved by the Civil Rules Advisory Committee (the “Committee”)....more

Day 3: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Preservation

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

4 Steps to Consistently Draw Media Attention to Your Law Practice

“People are sheep. TV is the shepherd.” ? Jess C. Scott, Literary Heroin (Gluttony): A Twilight Parody I’ll start with a story from a while back… It was a pretty normal Sunday for me. I woke up early for my...more

Day 2: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Early Case...

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules...more

"Software" Claims Reciting No Structural Components and Having Questionable Novelty Struck Down under 35 U.S.C. § 101

Two recent District Court decisions show examples of "weak" claims, which in the past would likely be found invalid as lacking novelty or being obvious, but today are struck down as being unpatentable under § 101. The cases...more

Bankruptcy Court Order Compelling Surrender of Property Upheld on Appeal

On November 23, 2015, in the first appellate decision of its kind, the District Court for the Southern District of Florida affirmed a bankruptcy court order to compel chapter 7 debtors to surrender real property by directing...more

What is the impact of longer hours on lawyer satisfaction?

Every lawyer, law professor, law student, and legal commentator has an opinion on this question. Today we can test our views against actual data. ...more

Final Means Final: No Reconsideration in Arbitration

Recent decisions from the 3d and 11th Circuits drive home this point: an arbitration award is final and should not be revisited. In Robinson v. Littlefield, 2015 WL 5520017 (3d Cir. Sept. 17, 2015), the parties...more

Brother Can You Spare Some (Compliance) Advice?

Usually I have Houston professional sports teams to hold high as example of true bone headedness around compliance issues. However, as my beloved Houston Astros took the World Series Champions, KC Royals, to the 7th inning of...more

The New Rules: Making Lawsuits Speedier and Less Expensive

Be prepared, litigators, amendments to the Federal Rules of Civil Procedure are coming on December 1, 2015. These changes represent the Advisory Committee’s attempt to fulfill Rule 1’s goal of “just, speedy, and inexpensive”...more

Software Patents: History and Strategies (Pt. II – Strategies)

Last week we posted part one of this article, which focuses on the history of patent protection for software. Today we post part two, focused on current strategies for obtaining software patents....more

Get It in Writing: Even Arguments Prompted by PTAB Questions Must Be in the Briefings

The Patent Trial and Appeal Board (PTAB) continues to strictly enforce its rule that "parties are not permitted to raise new arguments at oral hearing," including in situations where the "new" arguments are provided as a...more

Contracts Where Neither or Only One Party Signs Can be Binding

In today’s world where circumstances can change at lightening speed, companies sometime feel compelled to act before their counsel can formalize or finalize a written contract. Similarly, there are instances where only one...more

Trend In The Courts: It’s Getting Harder To Obtain Preliminary Injunctions In Restrictive Covenant Cases

In recent weeks, courts almost routinely have been denying preliminary injunctive relief in cases alleging violation of non-compete and similar employment agreements. Three examples: Burleigh v. Center Point Contractors,...more

That’s Patentable? The Far-Reaching Definition of an “Invention”

U.S. patent law provides that “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor,” 35 U.S. Code...more

SEC Exam Staff Shares Observations on Outsourced Chief Compliance Officers

Firms that use third-party CCOs or that rely on financial intermediaries that have outsourced their compliance functions should consider taking a fresh look at their compliance structure in the wake of this guidance....more

FAQ This! Identify Your Next Best Writing Ideas in 5 Simple Steps...

How to come up with six new, substantial writing ideas and build the beginnnings of an editorial calendar. Couldn't be simpler...more

How to prevent data theft from lost devices

Technology can be a blessing and a curse for attorneys. While technology enables attorneys to be able to conduct business on the go, it also puts client and firm data at risk. In the United States, someone loses a cellphone...more

A Purr-fect Opinion on Copyright Registrations

Order Granting Defendants’ Motion to Dismiss, Epikhin et al. v. Game Insight N.A., et al., 5:14-cv-4383 (Judge Lucy Koh) - Cat videos are one of the most popular types of user-uploaded Internet videos. It is...more

FCPA Compliance and Ethics Report-Episode 212-Stephen Martin on DOJ Compliance Counsel Metrics [Video]

In this episode, I visit with Baker and McKenzie partner Stephen Martin on the recently released metrics which the new DOJ Compliance Counsel will use to evaluate corporate compliance programs under and its implications for...more

Blog: Major Overhaul Of Federal Bankruptcy Forms, Plus An Accompanying Rule Amendment, To Take Effect December 2015

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of...more

More Than a Pinky Promise: Recent Developments to the Promise Doctrine in Patent Law

Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis...more

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