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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

The Four Questions of Client Loyalty

At the end of a client feedback interview last week, the senior in-house counsel I was speaking with summed up the relationship by saying, “At the end of the day, they get all my work because they make me look...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. Please see...more

The Key to Jury Instruction Preservation: Objecting with Precision and Completeness

In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as...more

Six Tips for Taking Depositions in India

Certain countries have a few extra or different steps when it comes to scheduling depositions. Depositions in Germany can be taken only at the U.S. Consulate in Frankfurt, for example, while Honduras requires a letter...more

How to Connect and Build Business at Conferences: Back-to-Basics Checklist

Here's a proven checklist for maximizing your investment before, during, and after a conference....more

Graphical User Interface Patent Claims Found Eligible

The Federal Circuit recently found claims to a specialized graphical user interface (GUI) for trading financial securities eligible in Trading Technologies Int’l v. CQG, No. 2016-2016 (Fed. Cir. Jan. 18, 2017). The Federal...more

GE, Like McDonalds, is Outsourcing Some Corporate Functions. How Soon Before It Happens With Law Departments?

My last post recounted McDonalds’ creation of its own ad agency and posited the question whether bespoke law firms could be far behind. Enter GE. Yes, that GE. According to CFO.com, GE is transferring about 600 of its...more

Federal Appellate Rule Changes

The amendments to the Federal Rules of Appellate Procedure, effective December 1, 2016, arise, for the most part, out of changes in technology. Some of the amendments refine prior Rules that, while taking into account...more

PTAB Sanctions Successful IPR Petitioner, Awards Fees to Patent Owner

Addressing the “real parties in interest” requirement and claim construction issues in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) sanctioned the petitioner for failing to disclose a corporate...more

[Webinar] How to Create an Editorial Calendar You'll Actually Use - Feb. 16, 11:00AM PST

Lawyers, legal marketers, and business development teams, join JD Supra's Adrian Lurssen in a hands-on session as he walks us through how quickly and easily to create a successful editorial calendar that your entire team can...more

“Switch” On Business Development Skills With Associates

Many years ago, one of my prior firms looked to hire its first business development “lead generator.” The candidate we selected had graduated from law school and served as a client of the firm. He had an impressive network of...more

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