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Illinois Federal Judge Awards Treble Damages and Attorneys’ Fees in Kurt Vonnegut-Fueled Opinion

On February 10, 2017, an Illinois federal judge determined that R-Boc Representatives violated an injunction issued following a jury trial on their alleged patent infringement. In a unique opinion replete with quotations...more

Raising Startup Venture Capital: Pitfalls and Pointers

According to a study of 101 failed startups, 29% cited a lack of sufficient capital as the ultimate reason for failure. So how can you best approach your search for capital in an attempt to keep your startup from becoming...more

Regulate Frankenstein: the European Parliament calls for new rules for robots

When a parliamentary report cites Mary Shelley’s Frankenstein in its recitals and proposes new regulation for robots with artificial intelligence (“AI”), one cannot be sure whether the 19th or the 21st century has inspired...more

7 Reasons Networking is Dead - Or Should Be...

Networking is dead. It's been dead a long time. Thank goodness all I've ever really needed to be successful were my connections....more

Litigation Alert: The Fourth Circuit Limits Standing to Bring Data Breach Cases

The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more

Will Congress Overhaul Class Action Practice? A Quick Look at the Proposed Fairness in Class Action Litigation Act of 2017

In 2016, House Republicans sponsored legislation aimed at curbing “no injury” class actions, which was supported by testimony from DRI, among others. The legislation passed the House but died in the Senate. Earlier this month...more

"Inside the Courts: An Update from Skadden Securities Litigators - February 2017 / Volume 9 / Issue 1"

We are pleased to present Inside the Courts (Volume 9, Issue 1), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more

Desperately Seeking HPLs: Lateral Recruiting as Law Firm Growth Strategy

The market is ripe for lateral acquisitions—law firms just need to be listening for where the opportunities may lie....more

Checklist: How to Create a Successful Editorial Schedule

Editorial schedules are so much more than lists of writing assignments with due dates. Here's the simplest way to create yours....more

The National Labor Relations Board 2016 Year in Review – Whitepaper

Introduction - In comparison to recent history, 2016 was a tame year for the National Labor Relations Board (“NLRB” or “the Board”). While continuing to issue decisions that left employers scratching their heads, the...more

A March to Madness: Can the NCAA Claim Ownership of the Third Month of the Year?

The NCAA has a well-deserved reputation for being quite zealous when it comes to protecting its registered trademark “March Madness.” We previously blogged about this here at TheTMCA.com. But a recent opposition filed by the...more

Back to Basics: Who Should Interview Your Clients for Feedback and How?

Most experts agree the most effective method of seeking client feedback is through face-to-face conversations at the client’s place of business. However, there are times and circumstances when different methods, like...more

Class Action Fairness Act Author Introduces New Bill That Would Drastically Reform Class Action Litigation

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action...more

Noodle This! The Yin and Yang of Two Courts, Two Antitrust Cases, Two Class Certification Motions, Two Daubert Challenges, Two...

Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one...more

Punitive Damages and an Essential Jury Instruction

In one of our recent posts we touched on punitive damages in the context of one of the Pinnacle Hip bellwether trials. In this post, we address another interesting aspect of punitive damages: whether they can be used to...more

Don’t Friend My Friends: Nonsolicitation Agreements Should Account for Social Media Strategies

As social media becomes an important part of many companies’ sales and branding strategies, issues relating to companies’ ability to protect their investments in such strategies are emerging. Indeed, this blog has previously...more

Beijing IP Court grants record patent damages & reimbursement of lawyers’ fees

The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November...more

Business Development Not-to-Do #1: Pursue Individual Companies

One in a series of business development tips for lawyers, steering away from unproductive efforts and focusing on action items that actually make a difference....more

Client Satisfaction is Dead…

Client satisfaction is dead – or you may be, if that is your primary focus as an organization. This seemingly radical statement is but one conclusion you might draw from reading Value As a Service, a fabulous new book by Rob...more

In-the-Box Agreements: Samsung Case Illustrates Pitfalls of Compelling Contractual Arbitration

On January 19, 2017, the Ninth Circuit Court of Appeals issued an opinion examining contract formation under California law in the context of enforcing an arbitration provision contained in an in-the-box agreement. (Norcia...more

Avoiding Disputes Over How to Resolve Disputes

In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC and WSW Acquisition Co., LLC, C.A. No. 12585-VCL (decided Dec. 5, 2016), the Delaware Chancery Court was required to interpret purchase price dispute...more

US Magistrate Judge Upholds Search Warrants for Google Data Stored Overseas, “Shards” and All

Another front recently emerged in the legal battle over whether US law enforcement authorities can use a search warrant issued under the Stored Communications Act (SCA) to obtain data stored overseas. Until now, the battle...more

Things Lawyers Do - An In-House Client's Perspective...

A call to a law firms for better client service by Matt Fawcett, senior VP, general counsel for multinational data storage and management company NetApp....more

“We’ve got Stephanie” – A Southwest Airlines Lesson in Client Service for Law Firms

A lesson in why it matters to treat your clients and your clients’ problems as your own....more

Saving Lawyers 1 Less Drink at a Time - The Not-So-Obvious Link Between Alcohol and Anxiety

Approximately 20 percent of the general population experiences an anxiety disorder at least once in their lifetime. Law students and lawyers, however, report to struggle with anxiety at twice that rate. “The official number...more

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