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5 Things I Miss About Biglaw (Part 1)

Small-firm columnist Gary J. Ross reflects on what's beautiful about Biglaw.

Second Circuit Reverses On Lawyer Professional Exemption Case: What In The World Is Happening?

I have blogged about this matter several times, all the while applauding the lower court decision and employer’s legal position in the case, as I believed what these temporary lawyers were doing did constitute the practice of law.

Plaintiffs Allowed To Make a Case Out of Thin Air

This post is from the non-Reed Smith side of the blog. Is anyone else watching the CW’s “Penn & Teller: Fool Us”? It is perfect summer TV – easy, funny and interesting. Each week aspiring, talented magicians perform to try to fool Penn & Teller. Show More Summary

New TSA Administrator Explains, Part II

Update: I did watch the rest of the hearing yesterday (see "New TSA Administrator to Explain How Agency Will Fail Differently From Now On" (July 29)), although to be honest I just sort of listened to it in the background...         Show More Summary

Insider Trading Debate Heads to High Court

The Obama administration on Thursday asked the Supreme Court to review last year’s insider-trading decision by a federal appeals court that overturned two convictions and set a higher standard for proving the financial crime.

Congressman Moves To Block Pell Grants For Prisoners

A Republican congressman introduced a bill late Wednesday that would block the Obama administration's plans to restore funding for in-prison college programs.

Seeking the AntiCommons

Interesting historical look at patent-pools and ‘transaction entrepreneurs’ by USC law professor Jonathan Barnet leads him to the conclusion that the “anti-commons” concerns in the patent context don’t hold weight in practice. IP scholars...Show More Summary

Patent Office Issues Updated “Interim Guidance” on Patent Subject Matter Eligibility

By Jason Rantanen This morning, the USPTO issued a substantial update to its December 2014 “Interim Guidance” on patent subject matter eligibility.  The update addresses comments on the 2014 Guidance and includes several new examples...Show More Summary

Authors Guilded, United, And Representing... Not Authors

2 days agoIndustries / Law : Techdirt

One of the more Orwellian aspects of the book world is the number of publisher advocate groups calling themselves Author This and Author That. The Authors Guild, Authors United, the Association of Authors' Representatives... their devotion to protecting the interests of authors is right there in the names, right? No further inquiry necessary. Show More Summary

Now That USTR Has Fast Track, Hollywood Ramps Up Demands While USTR Brushes Off Public Interest Group Concerns

2 days agoIndustries / Law : Techdirt

You had to know this was going to happen. Now that the US Trade Rep (USTR) has fast track authority after Congress caved in and passed the Trade Promotion Authority bill, efforts have ramped up to complete the Trans Pacific Partnership Agreement with meetings in Hawaii this week. Show More Summary

Australian Librarians Start 'Cooking For Copyright' Campaign To Change Law For Unpublished Works

2 days agoIndustries / Law : Techdirt

This history of copyright in the United States is long and filled with changes, mostly in the direction of greater and longer protection. There are a few instances that go the opposite way, however, and one of them is the way that unpublished works are protected by copyright restrictions. Show More Summary

The Drug War Is Creating Problems Too Big To Fix

2 days agoIndustries / Law : Techdirt

David Colarusso, a public defender turned data scientist, has a fascinating post at Law Technology Today describing the many issues arising from the abusive activities of a single chemist at the Massachusetts state drug lab. The starting point of his post -- and his problems -- trace back a few years. Show More Summary

MoMA Releases Data On 125,000 Art Works To The Public

2 days agoIndustries / Law : Techdirt

The Museum of Modern Art (MoMA) in New York is not just one of the most famous museums in the world, is also trying to give back to the public somewhat as well. Not only has it proudly embraced Creative Commons by displaying CC's own...Show More Summary

Impact of Supreme Court’s Caulkett Decision on Junior Lienholders’ Market

For banks and lenders engaged in the junior lienholder market, taking a secondary position to the primary secured lender is risky enough without the added frustration of lenient bankruptcy laws allowing discharge of “worthless debts.” Fortunately, the U.S. Supreme Court expanded the notion – first set in 1992 in Dewsnup v. Timm – that “upside...

Morning Wrap: Victims Sue Magazine, Restaurant | New Findings on White Collar Enforcement, Working Mom Lawyers

Lawsuits related to incidents of sexual assault have hit Rolling Stone Magazine and DC’s Bandolero restaurant with accusations of wrongdoing. This is a round-up of legal news from ALM and around the country.       

Limiting remedies when a descriptive fair use defense fails

2 days agoIndustries / Law : 43(B)log

Anhing Corp. v. Thuan Phong Co., No. CV 13-05167, 2015 WL 4517846 (C.D. Cal. Jul. 24, 2015) This post-trial ruling covers a lot of detailed ground on descriptive fair use, unclean hands, and remedies. Anhing successfully sued Thuan Phong for trademark infringement; the court denied Thuan Phong’s motions and granted a permanent injunction. Show More Summary

Transformative use of the day, Lululemon edition

2 days agoIndustries / Law : 43(B)log

I can't wait to carry this bag around and watch the double-takes. (Would also fit well on Welcome to Night Vale.)

Somehow the Coke bottle survived this dilutive free riding

2 days agoIndustries / Law : 43(B)log

1962 Doyle Dane Bernbach ad for the VW Beetle: Headline: 2 shapes known the world over.Text: Nobody really notices Coke bottles or Volkswagens any more. They’re so well known, they blend in with the scenery…. (The only reason you can’t buy a VW at the North Pole is that the Volkswagen people won’t sell you one. Show More Summary

Article Celebrates Top 10 Decisions From 25 Years of Bad Faith Law

2 days agoIndustries / Law : Tort Talk

Here's a LINK to a recent July 7, 2015 article from The Legal Intelligencer by Richard L. McMonigle, Jr. and Brian M. Shay, both with Post & Schell. The article, which celebrates the 25th anniversary of the passing of the Bad Faith Statute,...Show More Summary

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