POWERED BY LAW.COM

Analysis

Analysis

3 Takeaways From Failed Ryan Bounds 9th Circuit Nomination

Ross Todd | July 19, 2018

Ninth Circuit watchers reached shortly after news broke that President Trump's first Ninth Circuit nominee had been withdrawn were shocked. But they said the episode could illuminate challenges the administration faces in changing the makeup of the nation's largest federal appellate court.

Analysis

Cosby Defamation Cases Reach SCOTUS, Offer Possible Look at Lawyers’ Free Speech Rights

Tony Mauro | July 19, 2018

The cases, including one challenging a California Court of Appeal decision, are drawing interest since the justices have not recently taken up disputes over libel and defamation, a part of First Amendment doctrine that is well-settled.

Analysis

Will the Rise of Artificial Intelligence Lead to More Job Cuts at Law Firms?

Krishnan Nair | July 18, 2018

A PwC report argues that AI could create more jobs than it displaces over the next 20 years.

Analysis

The Long Road to Going Public: A Behind-the-Scenes Look at the Lawyering of Dropbox's IPO

Caroline Spiezio | July 13, 2018

It took teamwork, preparation and smart technology use to get Dropbox's IPO over the finish line earlier this year.

Analysis News

Fox Rothschild and the ‘Dark Art of Copyright Trolling’

Roy Strom | July 13, 2018

The firm is representing a pornography company in its latest nationwide copyright infringement campaign. Can it avoid the controversies that preceded its involvement? Or will a small-time lawyer from Oregon provide the blueprint to stop it?

Analysis

Companies Take 'Wait-and-See' Approach to Compliance with New California Privacy Law

Rhys Dipshan | July 11, 2018

In-state companies have a lot of work ahead of them to comply with the California Data Privacy Protection Act. But first, they need clarity on how the law will work in practice.

Analysis

In Privacy, Technology Cases, Kavanaugh Largely Echoes Kennedy

Rhys Dipshan | July 10, 2018

In prior D.C. Circuit decisions, Kavanaugh has shown he shares a similar jurisprudence to the justice he's been nominated to replace when it comes to privacy and tech.

Analysis

Judge Chhabria Is on a Mission in Patent Litigation

Scott Graham | July 06, 2018

U.S. District Judge Vince Chhabria is shaking up some of the business-as-usual in patent litigation. Plus, highlights from next week's Federal Circuit calendar in this sneak preview of Skilled in the Art.

Analysis

With Kennedy's Exit, California Loses a Singular Voice on the Supreme Court

Caroline Spiezio | July 03, 2018

Justice Anthony Kennedy offered a West Coast brand of conservatism that spoke to his roots and made the U.S. Supreme Court feel less alien.

Analysis

Skilled in the Art: Looking Back at the Anthony Kennedy Era in IP

Scott Graham | June 29, 2018

In four patent cases where he wrote the majority opinion, Justice Kennedy resisted rigid rules. His 2006 concurrence in eBay v. MercExchange called out non-practicing entities and suggested judges should clamp down on injunctions used to extort settlements.

Load More 🔽

Analysis

Litigation Funders Face Their Hardest Sell: Big Law

Roy Strom and Ben Hancock Roy Strom and Ben Hancock | June 28, 2018

There is more money than ever in the hands of litigation financiers. But can they convince law firms to use it?

Analysis

Law Firms Make a Push to Improve the Associate Experience

Dan Packel | June 28, 2018

It may be long overdue, but firms are embracing a range of new ideas, up to and including a shorter path to partnership.

Analysis

636 Homeowners Claimed a Builder's Work Was Defective. Why Did It Have to Pay Only 3 Insurance Deductibles?

Steven A. Meyerowitz | June 27, 2018

The Ninth Circuit ruled that an insurance company that settled 636 homeowners’ claims against its insured contractor, only could recover three deductibles for counterclaims it filed against a subcontractor accused of doing shoddy work.

Analysis

In Wake of SCOTUS 'Carpenter' Decision, Koh Looks Prescient on Cell Tower Data

Ross Todd | June 22, 2018

In a case over government access to historical cell tower location data, Koh issued a July 2015 decision raising the bar for law enforcement agencies asking to collect the type of cell-tower data routinely used to track criminal suspects’ whereabouts.

Analysis

EU Copyright Directive Moves Forward: What Does It Mean for In House Lawyers in Silicon Valley?

Caroline Spiezio | June 21, 2018

"The only companies that are really going to be able to implement filtering on a wide scale are the big incumbent companies, like YouTube," said the former GC of the Wikimedia Foundation.

Analysis

What Happens When a Cryptocurrency Becomes a Security? Major Disruption

Rhys Dipshan | June 21, 2018

A class action lawsuit alleging that Ripple Lab’s XRP Cryptocurrency violates securities laws poses existential and potentially far reaching effects for a still-evolving market.

Analysis

3 Takeaways From SEC CorpFin Director's Big Crypto Speech

Ben Hancock | June 14, 2018

SEC Division of Corporate Finance Director William Hinman's remarks at the Yahoo Finance All Markets Summit offered some of the clearance indication to date of how the regulator analyzes initial coin offerings.

Analysis

Seasoned Women Lawyers Gaining Leverage in Salary Talks

Miriam Rozen | June 12, 2018

“I felt very comfortable in negotiations that I wasn’t being treated unfairly and I wasn’t leaving money on the table,” said patent litigator Esha Bandyopadhyay, who recently joined Fish & Richardson in Silicon Valley. She also said that women should think about asking for leadership positions as they join new firms.

Analysis

As Big Law Floods the California Market, Will Local Firms Sink or Swim?

Lizzy McLellan | June 11, 2018

According to the ALM Intelligence report, titled "Barbarians at the Gate," Los Angeles and San Francisco have seen more than 40 market entries since 2001. San Diego, meanwhile, has seen the number of law firms present there more than double. Still, the report finds there is room for regional firms to compete.

Analysis

Persky Recall Was a 'Perfect Storm.' But Did It Give Future Recall Advocates a Road Map?

Ben Hancock | Hank Grezlak | June 07, 2018

Many things were unique about the recall of Judge Aaron Persky. But some lawyers and experts worry it could still embolden others unhappy about judicial decisions to try something similar.

Analysis

California Supreme Court Finds Valid Insurance Coverage Claim Even If Employee Intentionally Caused Injury

Steven A. Meyerowitz | June 06, 2018

The court found that an employee who intentionally injures a third party can amount to an “occurrence” under an employer’s commercial general liability insurance policy when the third party sues the employer.

Analysis

How Tech's In-House Lawyers Balance IP and Open Source

Caroline Spiezio | June 05, 2018

In-house attorneys at Pure Storage and Dropbox say that education is key when it comes to making sure rights to innovative technologies are protected.

Analysis

If Insurers Want To Recover Costs Of Investigating Fraudulent Claims, They May Have To Start Keeping Time Sheets

Steven A. Meyerowitz, Esq., Director, FC&S Legal | June 04, 2018

After a California appellate court ruling, it seems insurers who want to recover the costs of investigating fraudulent claims may need to maintain records demonstrating how much time they spend looking into each individual claim.

Analysis

Recruiters Among the First to See Effects of Sexual Misconduct on Lawyers' Careers

Lizzy McLellan | June 01, 2018

From gossip about workplace culture to stories about individual law firm partners, tales of inappropriate conduct regularly reach the ears of professional legal recruiters.

Analysis

In New Theranos Book, Boies Schiller Doesn’t Come Off So Great

Ben Hancock | May 31, 2018

Wall Street Journal reporter John Carreyrou's account of corporate fraud at Theranos depicts Boies Schiller Flexner as using hardball tactics to keep the truth from coming out. David Boies says it's an overdramatization.

Analysis

Insurers Did Not Have To Cover Environmental Clean-Up Costs Incurred By Insured Under Consent Order

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 31, 2018

A federal district judge in Los Angeles, applying California law, found that insurers did not have a duty to defend Arrow Electronics Inc. with respect to claims related to water contamination from a Huntsville, Alabama rocket testing site.

Analysis

California Insurance Broker Did Not Have To Advise Life Insurance Beneficiary How To Protect Her Interest

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 22, 2018

The Second District Court of Appeal ruled there was “no legal basis” to find an insurance broker liable for failing to advise a beneficiary of a life insurance policy how to protect her interest under the policy.

Analysis

Hourly Rate Gap Widens as Top Billers at Biggest Firms Leave Others Behind

Ryan Lovelace | May 17, 2018

It's easy to be impressed by individual partner rates approaching $2,000 an hour, but the widening gap between whole categories of law firms may mean more for the industry's future.

Analysis

Report Finds Demand Up as Southern California Leads in Q1 Revenue Growth

Xiumei Dong | May 16, 2018

Law firms in Southern California reported the highest revenue and demand during the first quarter of 2018, according to a recent analysis by Citi Private Bank's Law Firm Group.

Analysis

Lawsuit Against Ripple Labs Is Not Your Typical ICO Case

Ben Hancock | May 08, 2018

The case involves the third-largest cryptocurrency in the world, and could delve into questions of how a digital asset's decentralization (or lack thereof) impacts its legal status.

Analysis

Facebook's GDPR Challenge and the Conundrum of Consent

Ian Lopez | May 04, 2018

The EU’s General Data Protection Regulation goes against the business models of Facebook and many other internet companies, say some compliance experts.

Analysis

Ex-Pro Football Player Received Workers’ Comp Benefits. After Appearing On Survivor, He May Have To Give Them Back.

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 03, 2018

The Ninth Circuit found that an insurer could proceed with its lawsuit to claw back its $175,000 workers comp payout to Brad Culpepper, a former member of the Chicago Bears.

Analysis

3 Ways the GDPR Will Change How Legal Professionals Work

Ben Hancock | May 02, 2018

Experts share their insights on how the massive EU privacy law not only changes the landscape for companies, but affects their approach to practicing law and e-discovery.

Analysis

Self-Storage Company’s “Protection Plan” Was Not Insurance Subject to State Insurance Code, California Supreme Court Rules

Steven A. Meyerowitz, Esq., Director, FC&S Legal | April 24, 2018

The Supreme Court of California ruled that the self-storage company’s indemnity agreement was not subject to regulation as insurance under the California Insurance Code.

Analysis

Exclusion Did Not Bar Insurance Coverage For Chatsworth Train Collision, California Appellate Court Affirms

Steven A. Meyerowitz, Esq., Director, FC&S Legal | April 23, 2018

A California appellate court found that an “intended or expected” insurance policy exclusion didn't bar coverage for damages in a fatal 2008 head-on collision between a Metrolink commuter train and a Union Pacific freight train in Los Angeles.

Analysis

Higher Law: Your 4/20 Update on Cannabis as a Practice

Cheryl Miller | April 20, 2018

What do President Trump's statements on marijuana might mean for state-legalization efforts? Plus, California is trying—again—to find a banking solution for cannabis businesses and a marijuana law boutique expands to meet demand.

Analysis

Litigation Privilege Does Not Apply In Insurance Bad Faith Case, California Court Says

Steven A. Meyerowitz, Esq., Director, FC&S Legal | April 20, 2018

A federal judge in San Diego rejected an insurer’s efforts to strike significant portions of a bad faith lawsuit based on the litigation privilege.

Analysis

Crypto Industry Sweep: ICOs Under Increasing Scrutiny by U.S. Regulators

Benjamin Klein, Deborah Meshulam and Jason Chang | April 17, 2018

Regulators are now taking a more active role in investigating not just ICOs but also the companies developing funds or other investment vehicles focused on cryptocurrencies or ICOs.

Analysis

Employees' Suit Against Analyst Behind Infamous 'Jacobs Letter' Raises New Issues for Uber

Stephanie Forshee | April 17, 2018

Though Uber is not a named defendant in the complaint, experts said the company will still have plenty of work on its hands in dealing with a defamation suit recently filed against former Uber security analyst Richard Jacobs.

Analysis

California Continues To Broaden “Professional Services” Exclusion In Insurance Policies

Steven A. Meyerowitz, Esq., Director, FC&S Legal | April 17, 2018

In a case involving a break-in at a San Francisco car dealership, a federal court found that the "professional services" exclusion in Bay One Security's commercial general liability insurance policy applied.

Analysis

Does Cyberinsurance Cover Phishing Scams? Ask Your Local Federal Court

Rhys Dipshan | April 16, 2018

Federal courts are split on whether computer fraud provisions in cyberinsurance policies cover the actions of employees tricked into sending funds to cybercriminals. The Ninth Circuit is among the courts that have ruled that computer fraud policies don't cover those situations.

Analysis

The Law Firm Disrupted: The Most Bedeviling Aspect of Law Firm Change

Roy Strom | April 12, 2018

What the fast greens of the nation's most historic golf course can teach us about the pace of legal industry change.

Analysis

Ninth Circuit Ruling on Salary History Fuels Renewed Focus on Gender Pay Gap

Erin Mulvaney | April 12, 2018

“Plaintiffs lawyers are taking notice,” a Seyfarth Shaw partner says. “Given the prominence of the #MeToo movement, this will certainly continue and increase risk for employers.”

Analysis

Facebook Collected Users' Text and Calls Logs. Will the FTC Act?

Rhys Dipshan | April 12, 2018

On Android mobile operating systems, Facebook could bundle its permissions requests, leaving users in the dark about exactly what data the mobile app was collecting.

Analysis

Why Becerra and Other State AGs Are Panning Proposed Federal Breach Notification Law

Rhys Dipshan | April 04, 2018

States worry the Data Acquisition and Technology Accountability and Security Act would restrict their ability to go after enterprises that keep breaches hidden.

Analysis

Judge's Decryption Order Could Shift the Fifth Amendment Landscape

Ben Hancock | March 28, 2018

In the first such decision in the Ninth Circuit, a federal magistrate judge ruled that a criminal defendant could be compelled to unlock encrypted data because prosecutors could show that he knew the passwords.

Analysis

Inside the CLOUD Act: Parsing the Privacy Implications

Rhys Dipshan | March 28, 2018

One of biggest tech law change in decades, the CLOUD Act has been praised by the largest U.S. tech companies, but panned by privacy and civil rights groups.

Analysis

Skilled in the Art: Groundhog Day for Google at Federal Circuit

Scott Graham | March 27, 2018

Will there be a third trial in Oracle v. Google? Or a Supreme Court showdown? And what's the Federal Circuit doing in the middle of a copyright case, anyway?

Analysis

Search Begins for Latham's Next Leader

Scott Flaherty | March 22, 2018

As Latham & Watkins grapples with the sudden departure of its chairman amid misconduct allegations, who could be next to take the helm?

Analysis

Ninth Circuit Finds Credit Card Surcharge Ban Violates First Amendment

Justin E. McGuirk | March 22, 2018

Consumers, regulators and credit card companies will be increasingly mindful of whether and how retailers apply surcharges. Retailers should likewise be mindful.

Featured Firms

Law Offices of Mark E. Salomone
2 Oliver St #608
Boston, MA 02109
857-444-6468
www.marksalomone.com
Gary Martin Hays & Associates P.C.
235 Peachtree St NE #400
Atlanta, GA 30303
800-898-4297
www.garymartinhays.com
Smith & Hassler
225 N Loop W #525
Houston, TX 77008
(877) 777-1529
www.smithandhassler.com

Presented by BigVoodoo

More from ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.

View Now
Team Accounts

Our Team Account subscription service are for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.

View Now
Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both option are priced the same.

View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
Exclusive Depth and Reach.

Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
Big Pictures and Fine Details

Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Legal Compass →

National Women in Law Awards 2018

October 03, 2018
Washington, DC

National Women In Law Awards 2018 program honors top women lawyers who have made a remarkable difference in the legal profession.
Perfecting Your Pitch (San Francisco)

November 14, 2018
San Francisco, CA

A Practical Program Expanding Opportunities For Women In The Legal Profession
Women Leaders in Tech Law: The Next Generation Awards 2018

November 14, 2018
San Francisco, CA

Honors top women lawyers in California who handle game-changing, law-shaping, market-moving work in & around the technology sector

Browse More Events →

webseminar

Gender on Trial: How Tech is Driving Diversity in Law

ALM Marketing Services | May 25, 2018

Join this webcast for an understanding of how new approaches to diversity evaluation and emerging technologies can help track a firm’s performance to achieve better gender diversity in litigation.

webseminar

EDiscovery Lessons from Case Law About Spoliation

Sponsored by: Zapproved | April 23, 2018

[ON-DEMAND] Sponsored by: Keeping up with case law is challenging. New opinions come out every day, and they’re…

webseminar

Measuring the Financial Impact of eDiscovery Software

Sponsored By: Zapproved | March 30, 2018

[ON-DEMAND] Join this webinar and get real-life insights, from case study examples, to help you break down the value and make the business case to leaders at your own organization.

IN-HOUSE/TAX COUNSEL

Boston, Massachusetts

Leading alternative asset management firm seeks 5+ year transactional tax attorney with major law firm training to support private equity, m...
Apply Now ›
Associate – Community Associations

Washington D.C., District of Columbia, United States

Whiteford, Taylor & Preston is seeking an attorney with 1-4 years’ experience to handle both litigation and general legal work for...
Apply Now ›
Civil Rights/Employment Defense Associate

Edison, New Jersey, United States

Methfessel & Werbel seeks an associate with 1-10 years experience to join its Employment and Civil Rights Team. Strong writing skills, w...
Apply Now ›

BARASCH MCGARRY SALZMAN & PENSON

07/16/2018
NYLJ Web

BARASCH McGARRY SALZMAN & PENSON is proud to announce that Dana Cohen Cutting and Sara Director have been made partners of the firm.
View Announcement ›
MCELROY DEUTSCH MULVANEY & CARPENTER

07/16/2018
NJLJ Web

IN MEMORIAM JAMES M. MULVANEY July 2, 1947 - July 9, 2018
View Announcement ›
MAGGS & MCDERMOTT LLC

07/16/2018
NJLJ Web

MAGGS & MCDERMOTT LLC is pleased to Welcome Our Newest Partner Michael M. DiCicco.
View Announcement ›

Professional Announcements →

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.