The Journal's recent piece about managing employees with misperceptions about their employment self-worth reminds us once again why honest and timely performance feedback makes good business sense. I have written before about...more
It should go without saying that people make mistakes. After all, people are human, and humans make mistakes. When people draft a document, especially a lengthy or complex one, it is not uncommon for a mistake to be...more
In 2013, U.S. Customs and Border Protection (CBP) made its first moves toward a transition from paper admission documents to electronic issuance of I-94 Departure Records, which determine in what status and until what date a...more
Account-Based Marketing (ABM) has been a powerful tool in the legal marketing world for a long time. So long, in fact, that we now understand some best practices and also things that tend to go wrong. Often, law firms start...more
I. Background Introduction - In recent years, the number of foreign patent applications entering China exhibits a steady growth on a yearly basis. Foreign applications are required to be translated to Chinese in order to...more
The rules around required minimum distributions from retirement accounts are confusing, and it’s easy to slip up. Fortunately, if you do make a mistake, there are steps you can take to fix the error and possibly avoid a stiff...more
Welcome! Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more
Recent decisions in Singapore and New Zealand confirm that the courts are prepared to act to provide greater certainty and support to stakeholders in cryptoassets....more
The statutory scheme governing nonjudicial foreclosure — found in California Civil Code sections 2924 through 2924k — aims for speed, efficiency, and finality. For example, a bid at a trustee’s sale is deemed to be an...more
It works the same way in small businesses as it does in major investment firms: the executives reach agreement on the terms of a deal, then leave the lawyers to paper things accordingly....more
We all make mistakes. Sometimes others notice, sometimes not. When you do, find a way to learn from it and laugh it off. If you do so, it will pass faster and you can move forward instead of looking backwards....more
Latent errors in a data set provided by the Government led the ASBCA to hold the Government responsible for contractor-incurred costs. To obtain relief pursuant to the mutual mistake of fact theory, contractors must...more
Your company gets an irate call from a customer whose car you have just repossessed for non-payment. The caller is furious because he made a payment that was supposed to prevent a repossession. After you confirm the payment,...more
It’s an odd mistake, but this is the third time I’ve had to handle it in the last 10 years: representing an employer that was sold a retirement plan that they weren’t supposed to have. Weird? You bet, but it happens and it...more
In his Daily Journal article, Partner Stephen Squillario discusses the potential escape hatch that is provided by C.C.P. Section 473(b) when an attorney's mistake, inadvertence, surprise or neglect has harmed the client. ...more
The Fifth Circuit has affirmed a district court’s ruling vacating an arbitrator’s decision reforming a contract for mutual mistake, finding that reformation was outside the authority provided to the arbitrator by the parties’...more
In a dramatic conclusion to the nearly seven year old patent litigation between Datatern and Microstrategy (including a number of Microstrategy’s customers), Judge Saylor in the District of Massachusetts recently awarded...more
• The American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility recently released Formal Opinion 481 addresses the question when a lawyer who has made a mistake must tell the client about...more
Under some circumstances, party error can excuse late-filed amendments to infringement and invalidity contentions, according to a recent decision by Judge F. Dennis Saylor IV. Approximately five years ago, plaintiff DataTern,...more
If you are involved in any way in the health care system, it should be obvious by now that the government has committed ever increasing resources to the prosecution of fraud and abuse cases. Simply put, from a governmental...more
Addressing the requirements for correcting a mistake in a patent undergoing inter partes review, the Patent Trial and Appeal Board (PTAB or Board) granted the patent owner’s motion requesting authorization to file a...more
In Trustees of the University of Pennsylvania v. Eli Lilly and Co., the U.S. District Court for the Eastern District of Pennsylvania refused to correct improper multiple dependent claims and instead held them invalid under 35...more
The Tenth Circuit Court of Appeals recently ruled for Delta Airlines in an appeal by a former employee who claimed he was terminated because of racial and national origin discrimination....more
On March 15, 2016, the Federal Housing Administration (FHA) announced final changes to its loan-level certification form, 92900-A HUD/VA Addendum to the Uniform Residential Loan Application. The announcement represents...more
Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more