Young Lawyers

News & Analysis as of

Treasury Department: Tell Us More About Online Marketplace Lending

Why it matters - Raising the possibility of regulation, the Department of the Treasury has published a Request for Information (RFI) regarding online marketplace lending (also called peer-to-peer lending), seeking...more

Filing an Appeal? Follow 3 Steps to Drafting an Effective Statement of the Case

The appellate court probably knows the relevant law but not the facts of your case, so it will look to your appellant’s brief to fill this void. If you don’t provide an adequate statement of the case in your brief, the court...more

[Webinar] Developing Search Criteria for Determining Document Relevancy - August 13, 1:00pm ET

In today's big data age, it's imperative for legal teams to develop the right search criteria at the outset of the case. Not only will this enable you to quickly learn the key strengths and weaknesses of your case, it will...more

Respect the Remedy of Rescission in Real Estate Disputes

Claims seeking damages for broken real estate deals may be more common, but the remedy of rescission often provides the most bang for the buck. In a claim for damages due to breach of contract, the plaintiff affirms...more

You’d Better Export Your LinkedIn Contacts Now

You might already know this, but you have the ability to export your LinkedIn contacts. Kind of. I mean, you used to. Well, you can for a while. Alright, not really. Well, you can, but you’d better hurry....more

Who's in the House? Recent Moves by General Counsel, Legal Officers, and Corporate Leaders

A look at recent moves and promotions for general counsel, in-house lawyers, and other corporate leaders for the week ending July 31, 2015....more

Popular Cybersecurity Reads on JD Supra

From latest data breach laws to cyber liability insurance to the FTC's consumer data safety guidance ... a recap of popular cybersecurity reads on JD Supra during the second half of July 2015....more

The Americans with Disabilities Act at 25 Years: A Look Back and What’s Ahead

This Sunday marked the 25th anniversary of the Americans with Disabilities Act (“ADA”), which was signed into law by President George H.W. Bush on July 26, 1990. The enactment of the ADA represented a bipartisan commitment to...more

Independent Contractor and Exempt Employee Classification Review Should Include Joint-Employer Status

The U.S. Department of Labor’s (DOL) issuance last week of independent-contractor misclassification guidelines—as well as its recent issuance of proposed changes to the overtime rules—underscores that employers should be...more

10 Tips for Minimizing Company Liability for Terminating Employees who Steal Trade Secrets

When your company uncovers evidence that an employee misappropriated trade secrets it must act swiftly. The company may want to fire the employee to protect itself from the potentially devastating consequences. But how can...more

The Meaning of Falsity in Misrepresentation Cases

When a consumer sues a product manufacturer over an allegedly false advertisement, what must the consumer allege to state a claim that the advertisement is false?...more

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

10 Tips for Workplace Investigation Interviews

Given the employer’s duty to “take all reasonable steps” to prevent discrimination, harassment, and other unlawful practices (Govt C §12940(h)(5), (k); 29 CFR §1604.11(d)), employment lawyers can expect to conduct—or assist...more

Lawyers Entitled to Overtime Pay? Maybe So When Not “Practicing Law”

The Second Circuit revived an FLSA collective action filed by Michael Lola, an attorney licensed to practice law in California, who for fifteen months performed document review services for Skadden Arps, Slate, Meagher & Flom...more

Be a Skeptic When a Potential Client Wants to Switch Counsel to You

Sometimes you should view a new potential client with skepticism. If the matter has been handled by another attorney and is now being referred or brought to you, there may be a reason you won’t like....more

Ben Stein - Speech Writer, Actor, Comedian, Author, Law Professor - Talks to @HsuUntied [Video]

Today, my special guest is Ben Stein, economist, movie actor, author, novelist, screenwriter, law school professor, television show host and comedian. A graduate of Columbia University and Yale Law School, Ben never had any...more

Captain Obvious Makes Landmark Ruling: Texas Hold ‘Em Is Poker

Texas Hold ‘Em is poker. This probably doesn’t come as a surprise to most, but the pronouncement was a serious disappointment to an Idaho casino. The Ninth Circuit U.S. Court of Appeals ruled this week that the Coeur d’Alene...more

Lawyers, Are You Paying Attention To Video?

Just when you thought it was going to fade into the sunset (okay, who really thought that?), video as a communication tool is continuing to come on strong as a viable, valuable marketing tool for lawyers, legal marketers and...more

Social Media Adds Kick to Beer-Themed Trademark Battle

As social media and the numerous platforms continue their exponential growth in popularity and constant evolvement, legal issues surrounding their use also will inevitably emerge. A recent case filed in the Western District...more

Trade Secrets, Security, and Cloud Computing: Best Practices Now

As businesses increasingly store and access confidential information in the cloud, questions arise as to how to safeguard a company’s private data once it becomes part of an external computing network. Standards for...more

How an Insufficiently Detailed Provisional Patent Application Can Hurt You

A well-intentioned decision to reduce expenses can result in a poorly written provisional patent application that actually destroys an institution’s future patent rights in an important technology. In today’s world,...more

“Symmetrically Arranged” Buttons: A Patent Win for Nintendo

Nintendo has been making headlines recently. The gaming industry is in mounrning over the unfortunate passing of Nintendo CEO Satoru Iwata last week. Iwata was instrumental in the success of the Nintendo Wii, among other...more

Regulators Sue Four Michigan Hospitals for Agreeing to Restrict Marketing Activities

As most people know, agreements between competitors to fix prices or allocate or divide markets are clear violations of the antitrust laws and can result in serious penalties. In industries as diverse as foreign exchange...more

Who's in the House? Recent Moves by General Counsel, Legal Officers, and Corporate Leaders

A look at recent moves and promotions for general counsel, in-house lawyers, and other corporate leaders for the week of July 24, 2015....more

Lawyers, It’s Time To Stack The Deck In Your Favor

Do you know anyone like this? They question the need for marketing because they know their clients come from referrals. Their clients tell them regularly that they asked several of their colleagues who they recommend...more

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