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Will This Rigid Rule of Design Patents Survive an Attack by Mark Lemley? + Judge Connolly Is Free to Keep Inquiring Into Patent Ownership

Fri, 2022-12-09 08:26

Three Federal Circuit judges pushed back substantively and procedurally on the notion of overruling the 40-year-old Rosen test for design patent obviousness. But one acknowledged that it "seems inconsistent" with the Supreme Court's KSR decision.


Where Are Law Firms Projecting the Most Demand Growth?: The Morning Minute

Fri, 2022-12-09 05:00

The news and analysis you need to start your day.


'Wrong From the Get-Go': Judges Scrutinize Attorney Fee-Shifting in Federal Case

Thu, 2022-12-08 16:46

Judge William Alsup awarded $5.9 million in fees against Finjan last year while criticizing the conduct of its trial counsel. But on Wednesday, Federal Circuit judges suggested Alsup might not have been specific enough in his order to justify the entire fee award.


GOP Judiciary Committee Members Skewered Leader of Influence Scheme Targeting Conservative Justices

Thu, 2022-12-08 15:58

Republicans called the former leader of Faith in Action a "pathetic grifter" and a "documented liar" over claims he made that Justice Samuel Alito leaked the court's Hobby Lobby decision in 2014.


Inside Track: Civility and Give-and-Take Can Help Heal Strained Law Firm-Client Relationships

Thu, 2022-12-08 15:38

"I make no bones about being a demanding client, but I think it's incumbent upon me to express appreciation to the lawyers that provide that service," said Eric Greenberg, general counsel of CMG Media.


Bench Report: Warnock Win Opens Doors for Biden Judicial Picks, and More

Thu, 2022-12-08 15:34

As the Biden administration appears to enjoy greater leeway to fill the courts, a divided Congress may seem like an impossible vessel for much else. Still, bipartisan support for expanding the federal judiciary might not be out of the question.

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Higher Law: Hope for Long-Awaited Cannabis Banking Bill Dims

Thu, 2022-12-08 14:57

Supporters of the SAFE Banking Act are frustrated that despite two years of Democratic control of the White House and Congress, lawmakers have been unable to get the key piece of cannabis-related legislation passed.


Where Are Law Firms Projecting the Most Demand Growth?

Thu, 2022-12-08 14:23

Despite the growing cost and competition in the city, New York was projected to be the strongest market for demand through 2024, according to a Citi and Hildebrandt report this week.


University of Arkansas Law Dean Nance Named AALS Ruth Bader Ginsburg Lifetime Achievement Recipient

Thu, 2022-12-08 13:08

Nance will be the 10th recipient of the award, which was established in 2012 to honor the legacy of the late Ruth Bader Ginsburg, Associate Justice of the Supreme Court of the United States, who received the inaugural award in 2013, according to AALS.


Dissenting Justice: Lawyer's Ethical Violations, Evidence of Depression 'Do Not Warrant Putting a Wrecking Ball to His Career'

Thu, 2022-12-08 13:04

"There have been only nine occasions on which this court has suspended an attorney's license for two years or longer without staying any part of the penalty. In light of the facts and circumstances of this case, I cannot agree that the respondent should be the 10th member of this Ring of Dishonor," West Virginia Supreme Court Justice William R. Wooton wrote.


'Ridiculously Low': NJ's Proposed Cap on Med Mal Damages and Attorney Fees Has Plaintiffs Bar Miffed, Defense Bar Mum

Thu, 2022-12-08 13:04

"This is trying to stop or dissuade lawyers from taking these cases which is what has happened in many other states," said David Mazie of Mazie Slater Katz & Freeman. "They reduce litigation because it's not worth it for lawyers to take these risks and bring these cases. At the end of the day, the people who get hurt are those truly hurt by medical malpractice."


Federal Judge Tosses Plaintiffs Experts, Eliminating Thousands of Zantac Lawsuits

Thu, 2022-12-08 10:39

U.S. District Judge Robin Rosenberg ruled that plaintiffs' experts in the Zantac multidistrict litigation had "unreliable methodologies" and "analytical leaps" from existing data.


US Plaintiffs Firms Expanding Into Europe Are Banking on Lit Funders and Regulatory Shifts

Thu, 2022-12-08 10:29

Despite a Dec. 25 law that promises to open up the EU class action framework, U.S. firms face hurdles to expanding globally if they don't have the backing of funders and local firms.


Using Anti-Bribery and Corruption Regimes for ESG Concerns

Thu, 2022-12-08 08:38

Compliance leaders recognize that Environmental, Social and Governance (ESG) is a growing concern for U.S. companies, but face challenges in determining how to embed compliance structures into their programs. One solution is to look to already existing anti-bribery and corruption (AB&C) compliance measures.


'We Really Haven't Had a Heart-to-Heart': GCs Who Fume About Outside Counsel Often Fail to Communicate

Thu, 2022-12-08 08:33

"The legal service that you get from a law firm is sometimes only as good as you direct it," said Liz Lugones, chief operating officer of UpLevel Ops.


UK Firm Requires Its Youngest Lawyers to Come In 4 Days a Week... and to Avoid Empty Rooms

Thu, 2022-12-08 06:20

In an attempt to address the lack of face-to-face training that is affecting the wider industry, the firm has said that if a junior lawyer's room is empty of colleagues, they must move into a room with other lawyers.


What's Next for Cooley's Laid-Off Attorneys and Staff?: The Morning Minute

Thu, 2022-12-08 05:00

The news and analysis you need to start your day.


Ongoing Coverage: Theranos Executives Elizabeth Holmes and Sunny Balwani on Trial for Criminal Fraud Charges

Thu, 2022-12-08 04:30

Boies Schiller's David Boies and a partner who served as Theranos' general counsel are expected to take the witness stand in the trial, which is estimated to last 13 weeks.


Law Firms and Clients Will Lean on Negotiated Discounts and AFAs in 2023

Thu, 2022-12-08 04:00

"Clients start by requesting an AFA and ultimately ask for a pre-negotiated discount," noted a report this week on the frequent usage of discounting plans.


Cooley Skirts WARN Act, Offers Severance Packages Benefiting Junior Associates Over Seniors and Staff

Wed, 2022-12-07 15:12

The law firm offered three months of severance pay to all associates and a minimum of one month for staff after laying off a combined 150 employees earlier this month.