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Review of Section 101 Decisions by the Federal Circuit

Since the Supreme Court decided Alice Corp. v. CLS Bank Int’l in 2014, patent practitioners and the courts alike have struggled to find clarity in the patent eligibility framework of 35 U.S.C. § 101. For the Federal Circuit...more

Be Aware of Strict Post-Trial Motion Deadlines

You’ve lost your trial, and want to tee up your case for an appeal. Some issues might need to be preserved through a post-trial motion. That is a subject for a different tip. But if you need or want to file a post-trial...more

Court Nixes Privilege Protection for Former Employee Interviews – Is This a Big Deal?: Part I

In a 4-3 vote, the Washington Supreme Court held that an institution's lawyers' communications with former employees did not deserve privilege protection. Newman v. Highland Sch. Dist., No. 90194-5, 2016 Wash. LEXIS 1135...more

Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying...more

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more

The Sixth Circuit Confirms What We Already Should Know — It Can Be Challenging to Enforce an Arbitration Provision in an Expired...

A unanimous panel of the Sixth Circuit recently rejected a manufacturer’s attempt to compel arbitration under an expired contract in Linglong Americas, Inc. v. Horizon Tire, Inc. The manufacturer and its distributor entered...more

5 Tips for Hosting a Successful Law Firm Webinar

It’s not about what you want to say but what your audience wants to hear. ...more

Make Sure Your Summary Judgment Pleadings Are Appeal Ready

Because summary judgment rulings are reviewed under a de novo standard, they are one of the most common types of orders overturned on appeal. Here are some suggestions for stacking the deck in your favor....more

“Waive” Your Undeveloped Arguments Goodbye

The case of Mid-S. Iron Workers Welfare Plan v. Harmon, 645 F. App’x 661 (10th Cir. 2016), teaches a valuable, if oft-repeated reminder: undeveloped arguments in the lower court may not be considered on appeal. Harmon...more

What Are Our Obligations With Regard to a Client’s File?

Recently, while catching up on my “pleasure” reading — the November issue of The Alabama Lawyer — during a lunch break, I came across an article from the Office of General Counsel regarding the “Retention, Storage, Ownership,...more

Popular on JD Supra

A look at some of the most-read posts published during the last month on JD Supra....more

In the Time of Giving, it’s the Little Things

Many law firms understand how to meet their client’s biggest and most obvious client service preferences. We’ve all laughed about (and learned from) the story of the firm that FedExed its RFP response to UPS and was summarily...more

5 Places to Meet a New Client During the Holidays

The holiday season, and its social opportunities, will be over before you know it....more

Fuzzy Math? 6 Differing Arbitration Agreements = 0 Arbitration Agreement

If you ever wanted an “Exhibit A” for how drafting arbitration agreement(s) could go very, very wrong, the Tenth Circuit has just provided it. In Ragab v. Howard, __ F.3d __, 2016 WL 6832870 (10th Nov. 21, 2016), a majority...more

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

Today, amendments to the Federal Rules of Appellate, Civil, Criminal, and Bankruptcy Procedure go into effect. Based on these amendments, litigators may want to brush up on their tech skills. In fact, litigators may be...more

Enough About "Relationships," Please

Nobody offers a useful definition of the term....more

Arbitration Risks: Why Arbitration is Not Necessarily Better, Faster, or Cheaper Than Litigation

There is a widespread belief that arbitration is unequivocally a better, faster, and cheaper alternative to litigation. According to some advocates, the advantages of arbitration include (1) saving money by streamlining...more

The Use of Experts in International Arbitration: Selection of an Expert Witness

In international arbitrations, litigators from the U.S. often find a bit of the familiar mixed in with equal or greater bits of the unfamiliar. (Whether they acknowledge or treat the latter as such, alas, varies by...more

Business Litigation Report - November 2016

Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law - On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its...more

A Tale Of Two Hats: Trademark “Use In Commerce” Expanded In A Potentially Game-Changing Decision

Our readers no doubt understand that trademark use is the basis for trademark protection in the U.S. But all use is not created equal, and sometimes it’s not so easy to tell whether a trademark is actually used in a manner...more

Letter To A First-Year Law Student

We recently received this email message from Mr. Munford: This is a letter I wish I had gotten when I started law school. I have sent it in various versions to several young friends as they began that adventure. It...more

The 2016 Amendments to the Federal Rules of Civil Procedure: Eliminating the Three-Day Rule for Electronic Service

On December 1, 2016, absent congressional action, new amendments to the Federal Rules of Civil Procedure will take effect, amending Rules 4, 6, and 82. (See At-A-Glance Summary, infra.) While these changes seem mostly...more

Who Will Be Income Partners in the Future?

In July, I wrote a blog entitled Who Will Be the Owners of Law Firms in the Future. My goal at that time was to start to share my prognostications on where the business of law is going and what the law firm of the future will...more

A Reminder To Be Careful With Ex-Employees And Confidential Information

A lot of companies rely on retired and otherwise former employees for information in litigation – including product liability litigation. Particularly where a product (such as a drug that’s now gone generic) has a long...more

Client Q&A: Lecorpio, Doug Luftman, Chief Innovation Officer and General Counsel, November 2016

Trusted by the world’s most innovative companies, Lecorpio Intellectual Property Management provides a secure, web-based portal for centrally managing the entire IP lifecycle – from the submission of disclosures and trademark...more

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