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		<title>Inform Legal </title>
		<link>http://www.informlegal.com/</link>
		<description></description>
		<language>en-us</language>
		<lastBuildDate>Wed, 08 Sep 2010 22:17:59 CDT</lastBuildDate>
		<webMaster>webmaster@informlegal.com (Webmaster)</webMaster>
		<item>
			<title><![CDATA[Avoiding Sanctions Over Duty to Preserve Evidence]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3644</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3644</link>
			<description><![CDATA[In late 2009 a federal District Court sitting in Orlando, Fla., sent
shockwaves through the in-house general counsel world. The case,
Swofford v. Eslinger,1 is the first reported case to
sanction in-house counsel for spoliation of electronic evidence.]]></description>
			<pubDate>Wed, 01 Sep 2010 10:23:21 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court Rules Against Inference of Class Arbitration in "Silent" Contracts]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3643</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3643</link>
			<description><![CDATA[April 27, 2010, with Justice Samuel Alito writing for the 5-3 majority
(Justice Sonia Sotomayor abstained), the U.S. Supreme Court addressed
class-action arbitration when the parties' agreement was silent regarding
the aggregation of multiple parties' claims. According to the Court, the
arbitration panel's imposition of class arbitration &ndash; despite the
parties' stipulation that they had not reached an agreement on this issue
&ndash; is &quot;fundamentally at war&quot; with the Federal Arbitration
Act (FAA) principle that arbitration is a matter of consent.]]></description>
			<pubDate>Wed, 01 Sep 2010 10:23:11 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Major Title Insurance Companies Decline to Issue Creditors' Rights Endorsements]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3642</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3642</link>
			<description><![CDATA[Many major national title insurance companies have just announced they
will no longer provide &quot;creditors' rights&quot; coverage in
connection with new policies of title insurance. Therefore, commercial
real estate lenders and purchasers will now bear certain insolvency risks
that were often covered by title insurance endorsements in the past.]]></description>
			<pubDate>Wed, 01 Sep 2010 10:23:08 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court Clarifies Treatment of Joint Ventures Under Antitrust Law]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3638</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3638</link>
			<description><![CDATA[The Supreme Court recently released its unanimous opinion
in&nbsp;American Needle, Inc. v. National Football League, 560
U.S.___ (2010), 2010 WL 2025207 (American Needle), its latest
foray in the area of competitor collaboration under the antitrust laws
(and specifically Section 1 of the Sherman Act, 15 U.S.C. &sect; 1).
In&nbsp;American Needle, the 32 member teams of the National
Football League formed National Football League Properties (NFLP) to
develop, license and market their intellectual property]]></description>
			<pubDate>Wed, 01 Sep 2010 09:37:09 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court to Consider Wheather Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3637</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3637</link>
			<description><![CDATA[On May 24, 2010, the U.S. Supreme Court granted certiorari
in&nbsp;Mobility LLC v. Concepcion, No. 09-893, to address the
question of whether the Federal Arbitration Act (FAA) preempts state law
rules limiting the enforceability of arbitration agreements.
In&nbsp;Concepcion, the Supreme Court will consider whether the
FAA preempts California state court decisions that class action waivers
are unconscionable in consumer arbitration agreements as a matter of
public policy]]></description>
			<pubDate>Wed, 01 Sep 2010 09:36:58 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Courts Increasingly Split On Whether Computer Fraud & Abuse Act Applies To Disloyal Employees]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1937</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1937</link>
			<description><![CDATA[  Originally enacted to combat hackers, the Computer Fraud &amp; Abuse Act, 18 U.S.C. &sect; 1030, et seq. (&ldquo;CFAA&rdquo;), is increasingly being asserted by employers against disloyal employees who were authorized to use a company computer, but accessed that computer to serve interests adverse to the company.&nbsp; Because a viable CFAA claim allows a plaintiff to bring the suit in federal court and increases the defendant&rsquo;s exposure (because the CFAA is primarily a criminal statute with corresponding criminal penalties), it is important that employment attorneys are familiar with the law in this developing area.&nbsp; This article provides a brief background of the CFAA and highlights those courts that have endorsed &ndash; and those that have rejected &ndash; a CFAA claim against a disloyal employee.&nbsp; ]]></description>
			<pubDate>Fri, 09 Jul 2010 13:55:44 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA["Business Interruption Claims" and the Recent Gulf of Mexico Oil Spill]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1887</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1887</link>
			<description><![CDATA[On April 20, 2010, an explosion on the mobile drilling rig Deepwater
Horizon occurred some 130 miles southeast of New Orleans, Louisiana.
&nbsp;As of May 23, 2010, it is estimated that a minimum of 6 million
gallons of crude oil have spilled into the Gulf of Mexico as a result of
this incident. &nbsp;However, a growing number of scientists assert that
they believe the count is even higher than that troublesome figure.]]></description>
			<pubDate>Mon, 21 Jun 2010 12:53:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Court Issues Ruling In Firefighter Applicant Disparate Impact Case]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1886</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1886</link>
			<description><![CDATA[This morning, with Justice Antonin Scalia writing a unanimous opinion, the
U.S. Supreme Court ruled in a case brought by a group of African-American
firefighter applicants who alleged that the city of Chicago's applicant
selection process had a disparate impact on African-Americans in violation
of Title VII of the Civil Rights Act of 1964.]]></description>
			<pubDate>Mon, 21 Jun 2010 12:52:53 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Gainsharing or Profit Sharing? Choose the Right Tool for Your Organization - Part 1]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1788</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1788</link>
			<description><![CDATA[Many people who confuse Profit Sharing and Gainsharing view them as being one in the same. Employees have an opportunity to earn a financial reward under both approaches, but that is where the similarity ends. I find many companies that install a Profit Sharing plan have selected the wrong tool and quickly become disappointed that they have been unable to foster a change in behaviors or to drive improvements in company performance. ]]></description>
			<pubDate>Tue, 30 Mar 2010 08:27:22 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Is the Tide Turning Against Discretionary Clauses in Insurance Contracts?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1779</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1779</link>
			<description><![CDATA[A recent decision by the Ninth U.S. Circuit Court of Appeals may make it
harder for insurance companies in some states to defend claims denials.
Standard Insurance Company v. Morrison, a case decided by the
court on October 27, 2009, established its place in claims denial case
history by addressing the standard of review in Employee Retirement Income
Security Act (ERISA) cases.]]></description>
			<pubDate>Mon, 08 Mar 2010 13:11:33 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[New RESPA Rules for Consumer Protection in Real Estate Settlements and Loans]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1776</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1776</link>
			<description><![CDATA[The U.S. Department of Housing and Urban Development (HUD) recently issued
new rules that modify the Real Estate Settlement Procedures Act (RESPA).
RESPA is a consumer-protection statute that was enacted to (1) help
consumers become better shoppers for settlement services and (2) eliminate
kickbacks and referral fees that unnecessarily increase the costs of
certain settlement services. Loans secured with a mortgage placed on a
one-to-four-family residential property are governed by RESPA. These loans
include most purchase loans, assumptions, refinances, property improvement
loans, and equity lines of credit. HUD's Office of RESPA and Interstate
Land Sales is responsible for enforcing RESPA.]]></description>
			<pubDate>Thu, 04 Mar 2010 11:04:31 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Action Items For HITECH Act Compliance]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1717</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1717</link>
			<description><![CDATA[This year has brought about historic and dramatic changes in federal law governing the privacy and security of health care information in the United States. The February 2009 enactment of the Health Information Technology for Economic and Clinical Health (HITECH) Act, which was part of the American Recovery and Reinvestment Act of 2009 (ARRA), created federal notification requirements for security breaches of protected health information (PHI) and added numerous provisions and amendments to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing privacy and security regulations.]]></description>
			<pubDate>Tue, 09 Feb 2010 08:03:42 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Obama Administration Proposes New EPA Enforcement Priorities]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1759</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1759</link>
			<description><![CDATA[On January 4, 2010, the United States Environmental Protection Agency (EPA)
formally solicited comments on what should be EPA's enforcement priorities
for fiscal years 2011 through 2013. The EPA's draft list of priorities
indicates a new emphasis on certain sectors of the economy, including
manufacturers that cause disproportionate environmental impact to minority
neighborhoods, manufacturers and users of pesticides, developers with
projects impacting wetlands, and owners, operators and industrial users of
municipal wastewater treatment facilities. EPA's request for public
comments is published at 75 Federal Register 146-148.]]></description>
			<pubDate>Mon, 08 Feb 2010 10:58:25 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Federal Courts Conflicted on Climate Change Litigation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1709</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1709</link>
			<description><![CDATA[Three recent federal court decisions sharply divide on whether large carbon emitters may be sued under common law theories of nuisance and negligence.Connecticut v. American Electric Power CompanyNative Village of Kivalina v. ExxonMobilComer v. Murphy Oil USA]]></description>
			<pubDate>Wed, 03 Feb 2010 11:27:04 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[COBRA Subsidy Extended]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1720</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1720</link>
			<description><![CDATA[The extension of the COBRA health insurance subsidy, signed into law by
President Obama on December 21st after an 88-10 vote by the Senate, will
provide additional relief for a record number of unemployed workers.]]></description>
			<pubDate>Wed, 20 Jan 2010 10:49:38 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[A Trap for the Unwary? Discovery Plan Crafted Under Rule 26(f) No Guarantee Against Privilege Waiver]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1716</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1716</link>
			<description><![CDATA[In a recent decision, a magistrate judge in a U.S. District Court in New
Jersey ruled that a discovery plan crafted pursuant to Federal Rule of
Civil Procedure 26(f) did not protect the plaintiff&rsquo;s inadvertent
production of privileged documents from being subject to waiver. This case
is important because it distinguishes between the procedural or
process-based rules found in Federal Rules of Civil Procedure 26(b)(5)(B)
and 26(f), and the substantive-based rules regarding privilege waiver
found in Federal Rule of Evidence 502.]]></description>
			<pubDate>Wed, 13 Jan 2010 12:35:12 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[The Genetic Information Nondiscrimination Act (GINA) Has Taken Effect]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1707</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1707</link>
			<description><![CDATA[With little fanfare and even less reaction from employers, the Genetic
Information Nondiscrimination Act (GINA) took effect on November 21, 2009.
GINA generally prohibits employers, employment agencies, and unions from
collecting genetic information &ndash; which specifically includes family
medical history - related to employees or applicants.&nbsp; The law also
precludes any type of genetic testing of employees or applicants.]]></description>
			<pubDate>Tue, 29 Dec 2009 14:30:53 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[The Federal Trade Commission Releases Final Guides Concerning Endorsements and Testimonials and Increases the Possibility of Liability]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1708</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1708</link>
			<description><![CDATA[On October 5, 2009, the Federal Trade Commission (&quot;FTC&quot;)
published its final revised guides with respect to endorsement and
testimonial advertising. The FTC's revised Guides Concerning the Use of
Endorsements and Testimonials in Advertising (&quot;Guides&quot;) are
effective December 1, 2009 and significantly increase the possibility of
liability under the FTC Act. Although FTC guides are not binding law, they
are administrative interpretations intended to help advertisers comply with
the FTC Act. While the Guides refer to the advertising of
&quot;products,&quot; the Guides apply equally to the advertising of
products, services, companies, and industries.]]></description>
			<pubDate>Tue, 29 Dec 2009 14:30:47 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Two Bankruptcy Cases Set to Come Before the U.S. Supreme Court]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1702</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1702</link>
			<description><![CDATA[During its current term, the U.S. Supreme Court will hear argument in two
critical bankruptcy cases. The first, Milavetz v. United States,
includes a challenge to the constitutionality of the debt relief agency
provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act
of 2005, or BAPCPA. This Supreme Court decision may finally resolve
whether attorneys are included within the definition of a &quot;debt
relief agency&quot; and, if so, whether the requirements imposed upon debt
relief agencies are constitutional as applied to attorneys.]]></description>
			<pubDate>Tue, 15 Dec 2009 14:41:37 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Lehman Bankruptcy Court Rules on Right to Withhold Payment Under ISDA Master Agreement]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1692</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1692</link>
			<description><![CDATA[On September 17, 2009, the U.S. Bankruptcy Court for the Southern District
of New York granted Lehman Brothers Special Financing Inc.&rsquo;s (LBSF,
and collectively with its affiliates, Lehman) Motion to compel performance
of Metavante Corporation&rsquo;s (Metavante) obligations under an executory
contract and to enforce the automatic stay (the Motion).1 The Order2
requires Metavante to make all payments to LBSFrequired under the
ISDA Master Agreement (Master Agreement) between the parties, including
payments suspended as a result of the bankruptcy filing, together with
default interest on such payments.]]></description>
			<pubDate>Mon, 07 Dec 2009 14:08:29 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[ Enforcement of Red Flags Rule Delayed to June 1, 2010]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1691</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1691</link>
			<description><![CDATA[The Federal Trade Commission (FTC) recently announced it will further delay
enforcement of the Red Flags Rule (Rule) until June 1, 2010, marking the
fourth time the FTC has pushed back the enforcement deadline. Members of
Congress, who are working on legislation to exempt certain businesses from
the Rule, specifically requested the extension.]]></description>
			<pubDate>Wed, 02 Dec 2009 15:21:29 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Tightened Federal Pleading Rules Take Effect]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1686</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1686</link>
			<description><![CDATA[Three Months After the U.S. Supreme Court's Iqbal
DecisionIn Ashcroft v. Iqbal, 129 S.Ct. 1937
(2009), a case that initially garnered little attention when it was
decided, the United States Supreme Court, emphasized and elaborated on the
&quot;plausibility&quot; standard first injected into Rule 8 of the Federal
Rules of Civil Procedure two years earlier in Bell Atlantic Corp. v.
Twombly1 an antitrust case. The importance of
understanding the resulting enhanced requirements for pleading a claim
under Rule 8 cannot be overstated.]]></description>
			<pubDate>Wed, 18 Nov 2009 09:24:21 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Licenses Do Not Automatically Transfer in the Merger or Sale of a Business]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1684</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1684</link>
			<description><![CDATA[A recent decision by the U.S. Court of Appeals for the Sixth Circuit
underscores the danger of assuming you can transfer IP licenses in a
merger or business sale without the express consent of the licensor.]]></description>
			<pubDate>Tue, 10 Nov 2009 09:13:57 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[HITECH Breach Notification Rules Are a Reality]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1651</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1651</link>
			<description><![CDATA[The much anticipated &ldquo;breach notification&rdquo; rule was recently
published by the Department of Health and Human Services (HHS), Office of
Civil Rights (OCR). As required by the provisions of the Health
Information Technology for Economic and Clinical Health (HITECH) Act, the
rule adds new specifications for covered entities and business associates,
outlining how they must provide notification when &quot;unsecured&quot;
protected health information (PHI) has been breached.]]></description>
			<pubDate>Mon, 21 Sep 2009 12:28:55 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[E-Verify Rule for Federal Contractors Will Take Effect September 8, 2009]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1652</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1652</link>
			<description><![CDATA[On August 27, 2009, Judge Alexander Williams, Jr., of the U.S. District
Court for the District of Maryland upheld the legality of a federal
regulation that will require many federal government contractors to use
the E-Verify system to verify the employment eligibility of new hires as
well as certain existing employees. The ruling in Chamber of Commerce
of the United States of America v. Janet Napolitano, Civil Action No.
AW-08-3444 (D. Md.), allows the regulation, published at 73 Fed. Reg.
67,651 (November 14, 2008), to take effect on September 8, 2009.]]></description>
			<pubDate>Mon, 21 Sep 2009 12:28:46 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[U.S. Supreme Court Considers Title VII Protection For Employee Cooperation in Internal Investigations]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1319</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1319</link>
			<description><![CDATA[On October 8, 2008, the United States Supreme Court heard argument in
Crawford v. Metropolitan Government of Nashville and Davidson County,
Tennessee. This case addresses whether employees who cooperate with
an internal investigation of alleged sexual harassment, in the absence of
an EEOC charge or even an internal complaint, are protected against
retaliation under Title VII of the 1964 Civil Rights Act. To the extent
the Court were to reverse the underlying Sixth Circuit opinion and broaden
the scope of the retaliation provisions under Title VII, there will be an
expanded class of employees who will be able to assert a prima facie case
of retaliation, as detailed below.]]></description>
			<pubDate>Thu, 17 Sep 2009 13:31:41 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Firms Need an Investigation Plan, Much Like a Disaster Response]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1318</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1318</link>
			<description><![CDATA[Corporations have largely viewed government investigations as a reactive
issue: responding to inquiries, events and allegations.But this is a
dangerous misconception. Companies develop policies and procedures for all
kinds of far-fetched situations but often do not consider being visited by
the government. Inside and outside corporate counsel need to convince the
client that careful review, updating and training is imperative.]]></description>
			<pubDate>Thu, 17 Sep 2009 13:31:30 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[A Rough and Tumble World: Balancing Client Advocacy and Professionalism in Fractious Litigation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1316</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1316</link>
			<description><![CDATA[Minnesota&rsquo;s Professionalism Aspirations &mdash; non-binding
guidelines that were adopted by the Minnesota Supreme Court in 2001
&mdash; challenge attorneys to protect their clients&rsquo; legitimate
rights, claims and objectives while acting professionally in all
circumstances and treating opposing counsel with unfailing courtesy. For
litigators, this can be a daunting challenge. In the midst of a
contentious case, an attorney will often perceive that the interests of a
particular client simply cannot be achieved if the opponent is indulged.
The question, then, is how to handle sticky situations as an effective
advocate, without sacrificing one&rsquo;s professionalism.]]></description>
			<pubDate>Thu, 17 Sep 2009 13:31:19 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[ Catching the Wave: How Advances in Computer Technology are Impacting Business Disputes]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1635</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1635</link>
			<description><![CDATA[Computer technology has revolutionized the way businesses operate in
today&rsquo;s market. Companies that rely upon computer technology
advances to support their business are often unaware of the impacts that
technology can have on business disputes and the extent to which computer
advances have altered the legal landscape. By better understanding the
changing landscape, businesses can more effectively prepare to confront
litigation, protect business interests, and minimize the effect of legal
disputes on daily operations.]]></description>
			<pubDate>Tue, 08 Sep 2009 11:59:24 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[President Signs Ledbetter Fair Pay Act]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1307</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1307</link>
			<description><![CDATA[January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act,
only two days after Congress passed the law (see Ogletree Deakins&rsquo;
January 27, 2009, E-Alert). The Fair Pay Act is the first law passed by
the new Congress and the first law signed by President Obama. Civil rights
groups and their union supporters hailed the symbolism of the act&rsquo;s
&ldquo;first law passed and signed&rdquo; status.]]></description>
			<pubDate>Tue, 08 Sep 2009 11:59:09 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[U.S. Supreme Court Passes Up Opportunity to Settle Split of Authority on Assignability of IP Licenses in Bankruptcy: How Best to Deal with the Ongoing Uncertainty]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1605</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1605</link>
			<description><![CDATA[The U.S. Supreme Court recently declined an opportunity to address a
long-standing split of authority among the circuit courts as to which test
should be applied by bankruptcy courts when asked to determine whether an
intellectual property license can be assumed by a debtor in possession
under Section 365(c)(1) of the Bankruptcy Code. ]]></description>
			<pubDate>Mon, 31 Aug 2009 09:59:32 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The First Six Months of President Obama's Antitrust Stimulus Package]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1604</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1604</link>
			<description><![CDATA[During the presidential campaign, candidate Obama promised more vigorous
enforcement of the antitrust laws.&nbsp; President Obama and his new
administration have fulfilled that pledge.&nbsp; While some are
questioning the effectiveness of the financial stimulus packages, the
&ldquo;antitrust stimulus&rdquo; is clearly being felt, with new
pro-enforcement leadership at the Department of Justice Antitrust Division
and the Federal Trade Commission.&nbsp; Even Congress is joining in by
introducing bills to overturn recent Supreme Court antitrust decisions
favorable to defendants and by urging more aggressive enforcement of the
antitrust laws.]]></description>
			<pubDate>Mon, 31 Aug 2009 09:59:29 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Winning Isn't Enough: Collecting a Judgment]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1603</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1603</link>
			<description><![CDATA[Winning a lawsuit is one thing; collecting on a judgment is another--and
it's not as easy as you think.A legal judgment, by itself, does not
guarantee that a creditor can collect the amounts awarded to him. It
merely gives a creditor the right to take the necessary steps to make a
collection. Many creditors who obtained a favorable judgment are able to
collect less than the amount due them or sometimes nothing at all. To
`win' the collecting battle, a creditor needs to use creative strategies
to speed up the process and collect what he is owed.]]></description>
			<pubDate>Thu, 20 Aug 2009 08:15:29 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Real Estate Lawyers Stay Busy in Uncertain Economy]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1602</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1602</link>
			<description><![CDATA[In today's economy, with financial meltdown news dominating the
headlines, one may wonder: Is there any money available to complete a
deal?&nbsp; Of course there is.&nbsp; After all, institutions that are in
the business of providing loans still needed to move money.&nbsp; That's
their business.&nbsp;There's not a hotter real estate issue today than the
funding and collateralization of loans.&nbsp; Before we analyze from a
legal perspective, we need to talk briefly about the business
environment.&nbsp; After all, law is driven by business.&nbsp; Business
doesn't drive law.]]></description>
			<pubDate>Thu, 20 Aug 2009 08:15:10 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA["Live-in-Lover" Laws: Beware Your Alimony Payments!]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1568</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1568</link>
			<description><![CDATA[As most people are aware, periodic alimony payments generally continue until the death or remarriage of a former spouse. For this reason alone, countless ex-spouses delay marrying new lovers. But what if your ex is having a relationship with a new person, but has not yet tied the wedding knot? Are you still responsible for making your monthly alimony payments?]]></description>
			<pubDate>Wed, 29 Jul 2009 12:21:49 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Real estate lawyers stay busy in uncertain economy]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1525</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1525</link>
			<description><![CDATA[In today's economy, with financial meltdown news dominating the headlines, one may wonder: Is there any money available to complete a deal? Of course there is.&nbsp; After all, institutions that are in the business of providing loans still needed to move money.&nbsp; That's their business. There's not a hotter real estate issue today than the funding and collateralization of loans.&nbsp; Before we analyze from a legal perspective, we need to talk briefly about the business environment.&nbsp; After all, law is driven by business.&nbsp; Business doesn't drive law.]]></description>
			<pubDate>Wed, 15 Jul 2009 09:44:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Premises Liability: Who is to Blame?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1317</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1317</link>
			<description><![CDATA[Premises liability is a complicated issue and covers a wide range of
accidents that personal injury attorneys often categorize as the sticky
wickets of law. Why? Because at its core, premises liability is all about
figuring out who is to blame for an accident. By definition, the term
premises liability is the body of law that fixes responsibility for
injuries suffered by a third party on the person who is in possession of a
premises or piece of land. In other words, the person who occupies the land
and has intent to control it has the responsibility to make sure it is safe
and free of obvious hazards. ]]></description>
			<pubDate>Wed, 15 Jul 2009 09:42:51 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Subprime Mortgage Markets' Collapse to the Credit Markets']]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3363</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3363</link>
			<description><![CDATA[Part One of the blog series about the Subprime Mortgage Market Collapse addressed some key features of the subprime mortgages now defaulting in huge numbers and it noted how these features were similar to those seen in many improper transactions that preceded the Savings and Loan Crisis of the early 1990s, as well as in more recent corporate governance scandals.]]></description>
			<pubDate>Fri, 10 Jul 2009 00:00:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Don't Like Mediation Confidentiality? Hold a Settlement Conference Instead]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3256</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3256</link>
			<description><![CDATA[Here in California, there's no stronger rule of confidentiality than that applied to a mediation. It cannot be impliedly waived like most privileges, including the near-sacred attorney-client privilege. Simmons v. Ghaderi, 2008 DJDAR 11107. You cannot be estopped from relying on it. Eisendrath v. Superior Court, 109 Cal.App.4th 351 (2003). And if you want your mediated settlement agreement enforced, you must strictly comply with the requirements of Evidence Code Section 1123. Fair v. Bakhtiari, 40 Cal.4th 189 (2006).]]></description>
			<pubDate>Thu, 09 Jul 2009 00:00:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[EEOC Has Broad Power To Subpoena Employer Records]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3311</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3311</link>
			<description><![CDATA[During the course of an EEOC investigation of an employer, the agency may subpoena records or request information about computer data. How broad is the EEOC's right to request this information?]]></description>
			<pubDate>Tue, 07 Jul 2009 00:00:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Wage & Hour Update: Failure To Pay Travel Expenses Costs Starbucks Millions]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3352</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3352</link>
			<description><![CDATA[A recent class action brought by Starbucks employees serves as a reminder to employers on the topic of travel expenses. The federal court employee class action alleged that Starbucks failed to reimburse employees for their travel expenses. The lead plaintiff, Jonelle Lewis, worked in a retail management positions at a Starbucks in California's Amador County community of Martell. During her year and one half of employment, she regularly used her personal vehicle to perform work-related duties. The duties included making bank deposits, getting supplies from vendors, and attending meetings. Ms. Lewis alleged that on several occasions when she and others requested reimbursement for mileage, they were advised that, as a matter of company policy, Starbucks does not reimburse employees for mileage expenses.]]></description>
			<pubDate>Mon, 06 Jul 2009 00:00:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Winning Isn't Enough: Collecting a Judgment]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1482</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1482</link>
			<description><![CDATA[Winning a lawsuit is one thing; collecting on a judgment is another--and it's not as easy as you think. A legal judgment, by itself, does not guarantee that a creditor can collect the amounts awarded to him. It merely gives a creditor the right to take the necessary steps to make a collection. Many creditors who obtained a favorable judgment are able to collect less than the amount due them or sometimes nothing at all. To `win' the collecting battle, a creditor needs to use creative strategies to speed up the process and collect what he is owed.]]></description>
			<pubDate>Tue, 30 Jun 2009 08:51:37 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Madoff 150 Year Sentence Poses Questions]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1481</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1481</link>
			<description><![CDATA[Real estate fraud has become a common occurrence in our distressed economy. Last April, the FBI uncovered the largest mortgage fraud case ever prosecuted in Southern California. It involved an elaborate con which defrauded over 70 lenders for millions of dollars. Recently, we've seen the "foreclosure rescue" scams, "short sale facilitation" scams, and "loan modification" scams. By far one of the coldest, most calculating deceptions, extending over 20 years and $67 billion was the Ponzi scheme orchestrated by Bernard Madoff. He showed no discrimination when selecting targets; his victims ranged from celebrities, wealthy financiers, to retirees and small investors. There was no sense of remorse on Madoff's part, as he stripped many of their life savings, leaving a trail of betrayal and shattered lives.]]></description>
			<pubDate>Tue, 30 Jun 2009 08:48:43 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Frequently Asked Questions Regarding the New Jersey Family Leave Insurance Law]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3344</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3344</link>
			<description><![CDATA[Earlier this year, New Jersey became the third state to pass a law entitling employees to be paid during family leaves. This article will answer many of the most frequently asked questions about the New Jersey&rsquo;s Family Leave Insurance law.]]></description>
			<pubDate>Thu, 25 Jun 2009 00:00:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[HIPAA Privacy and Security Enforcement: Assessing and Reducing Risks]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1464</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1464</link>
			<description><![CDATA[As of April 14, 2003, covered entities are expected to be in compliance with the HIPAA Privacy Rule and the April 21, 2005 deadline for Security is rapidly approaching. Health care providers and their attorneys are now left wondering where the liability risks lie and how to best mitigate these risks.]]></description>
			<pubDate>Tue, 16 Jun 2009 08:46:06 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Consumer Fraud & Class Actions Lawsuits. Common Questions.]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1437</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1437</link>
			<description><![CDATA[What is consumer fraud? Unfortunately, there are many different ways you can be harmed by consumer fraud. If you buy something that does not work as advertised, or if you are purposefully overcharged for the item, you have suffered consumer fraud. You may also be harmed by a fraud scheme, such as paying for sweepstakes winnings or internet actions and receiving nothing in return. Finally, identity theft is also considered consumer fraud.]]></description>
			<pubDate>Tue, 26 May 2009 10:07:37 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Factors Inhibiting Confessions and Admissions in the Interview Process]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1388</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1388</link>
			<description><![CDATA[When we interview someone, we must take into consideration the factors which may prevent, or at least hinder, obtaining an admission and/or confession. First of all, we must place ourselves into the role of the person about to be interviewed. This is not always easy. We tend to be goal oriented and far too often are in a hurry, which leads to overlooking some of the nuances of the rapport building phase of the interview.]]></description>
			<pubDate>Wed, 29 Apr 2009 10:37:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Top 5 Misconceptions of Arbitration]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1303</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1303</link>
			<description><![CDATA[Many of us have heard the rumors...from colleagues, relatives, or friends.
There are a wide variety of myths floating around about the arbitration
process. Arbitration-Truth exposes these urban legends to provide you with
the truth about arbitration:]]></description>
			<pubDate>Mon, 30 Mar 2009 11:57:17 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Don't Like Mediation Confidentiality? Hold a Settlement Conference Instead]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1314</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1314</link>
			<description><![CDATA[Here in California, there's no stronger rule of confidentiality than that
applied to a mediation. It cannot be impliedly waived like most
privileges, including the near-sacred attorney-client privilege. Simmons
v. Ghaderi, 2008 DJDAR 11107. You cannot be estopped from relying on it.
Eisendrath v. Superior Court, 109 Cal.App.4th 351 (2003). And if you want
your mediated settlement agreement enforced, you must strictly comply with
the requirements of Evidence Code Section 1123. Fair v. Bakhtiari, 40
Cal.4th 189 (2006).]]></description>
			<pubDate>Mon, 30 Mar 2009 11:57:09 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Long Awaited FMLA Regulations Released]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1315</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1315</link>
			<description><![CDATA[The U.S. Department of Labor has released final revised regulations
implementing the Family and Medical Leave Act. The revised regulations are
over 750 pages in length and adopt most of the positions the DOL outlined
in proposed regulations issued in February 2008. The regulations become
effective on January 16, 2009, 60 days from November 17, 2008, the date
the regulations will be published in the Federal Register.]]></description>
			<pubDate>Mon, 30 Mar 2009 11:57:06 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[How to Collect Judgments]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1308</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1308</link>
			<description><![CDATA[Any landlord can tell you all about the joys of rent court; the long wait,
the endless string of whining, and then the realization that, after you
win, all you're left with is the right to collect a debt from someone who
probably can't pay anyway. Wonderful.]]></description>
			<pubDate>Mon, 30 Mar 2009 11:57:02 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Bush Administration Immigrant Prosecutions Soar]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1309</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1309</link>
			<description><![CDATA[According to data obtained by the Transactional Records Access
Clearinghouse, the total of federal filings for immigrant prosecutions
reached a new high during the past month. Capped by the 11,454
prosecutions recorded in September 2008, such a staggering number
represents an increase of more than 700% from the same month seven years
ago (September 2001). This massive increase in yearly immigrant filings
means the total number of all prosecutions brought by the federal
government reached their all-time high last year of 155,694. By
comparison, there were 82,071 filings in fiscal year 1998 and 60,421 in
fiscal year 1988.]]></description>
			<pubDate>Mon, 30 Mar 2009 11:56:59 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Packing the Jury]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1310</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1310</link>
			<description><![CDATA[Clarence Darrow, a famous lawyer at the turn of the century, once said
&quot;Every knowing lawyer seeks for a jury of the same sort of men as his
clients; men who will be able to imagine themselves in the same situation
and realize what verdict the client wants.&quot;]]></description>
			<pubDate>Mon, 30 Mar 2009 11:56:53 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Trust Beneficiaries --- What Kind Of Discretion Do Your Trustees Have?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1301</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1301</link>
			<description><![CDATA[Are you the beneficiary of a trust? If so, chances are  the trust document bestows discretion in some form upon the trustees in making  distributions of income and/or principal to you. How much discretion depends  upon the precise wording of the trust and how the law interprets those words.  There are numerous variations to be found in trust instruments. A basic question  you need to know as a beneficiary of a trust, however, is whether the creator of  the trust intended the trustees to have objective or subjective discretion.]]></description>
			<pubDate>Mon, 30 Mar 2009 11:55:57 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Age of Obama & The Court of Public Opinion: New Opportunities for Trial Lawyers]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1272</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1272</link>
			<description><![CDATA[The Age of Obama could be a particularly lucrative period for trial attorneys in which to pair legal strategy with effective Internet-centered communication to the Court of Public Opinion, communication that marries the best legal strategy with sound public relations/issues management techniques.]]></description>
			<pubDate>Mon, 09 Mar 2009 16:15:28 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[What is the Role of an Expert Medical Witness?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1232</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1232</link>
			<description><![CDATA[Medicine is something that enters into our daily activities without us even thinking about it. You don't consider how your muscles are working or where your food goes after you eat it, but all this can be valuable information in a court case. That's where expert medical witnesses come in.]]></description>
			<pubDate>Tue, 17 Feb 2009 10:46:53 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Top 5 Misconceptions of Arbitration]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1231</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1231</link>
			<description><![CDATA[Many of us have heard the rumors...from colleagues, relatives, or friends. There are a wide variety of myths floating around about the arbitration process. Arbitration-Truth exposes these urban legends to provide you with the truth about arbitration...]]></description>
			<pubDate>Tue, 17 Feb 2009 10:40:43 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Legal and Practical Considerations for Purchasers of "Broken" or Distressed Condominiums]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1125</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1125</link>
			<description><![CDATA[Across the country, and particularly in the State of Florida, investors arepoised to make bulk acquisitions of interests in troubled or brokencondominium projects. Generally, the assets in question may be uncompletedcondominium buildings with outstanding purchase contracts for some or allof the units, or units in a completed building in which a large number ofunits remain unsold. These acquisitions often take place in one of twoforms: (a) assets purchased from struggling developers or banks that haveforeclosed or (b) through the purchase of discounted debt from lenders.]]></description>
			<pubDate>Fri, 30 Jan 2009 09:54:29 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Bush Administration Immigrant Prosecutions Soar]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1199</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1199</link>
			<description><![CDATA[According to data obtained by the Transactional Records Access Clearinghouse (TRAC), the total of federal filings for immigrant prosecutions reached a new high during the past month. Capped by the 11,454 prosecutions recorded in September 2008, such a staggering number represents an increase of more than 700% from the same month seven years ago (September 2001). This massive increase in yearly immigrant filings means the total number of all prosecutions brought by the federal government reached their all-time high last year of 155,694. By comparison, there were 82,071 filings in fiscal year 1998 and 60,421 in fiscal year 1988.]]></description>
			<pubDate>Wed, 28 Jan 2009 11:43:05 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[The Common Mistakes Experienced By Divorce Lawyers]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1198</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1198</link>
			<description><![CDATA[Divorce lawyers often meet with clients, but all too often not before serious mistakes have already been made. These mistakes can often change the outcome of a case and make things more difficult for everyone involved. Here are some common mistakes that couples often make as they begin the separation process.]]></description>
			<pubDate>Wed, 28 Jan 2009 11:39:23 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Divorce Law]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1189</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1189</link>
			<description><![CDATA[Divorce refers to the legal dissolution of a marriage. Divorce law refers to the various rules and litigation that are related to terminating a marriage. Most states in the U.S. have different laws regarding divorce and when it may be granted. Some variables in these laws include residency requirements or reasons for the divorce. There are a number of different types of divorce, including fault based, no-fault based, summary, uncontested, collaborative, and mediated. Almost any situation that results in a couple desiring a divorce will fall under one of these categories.]]></description>
			<pubDate>Fri, 23 Jan 2009 15:31:17 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Packing the Jury]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1033</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1033</link>
			<description><![CDATA[Clarence Darrow, a famous lawyer at the turn of the century, once said "Every knowing lawyer seeks for a jury of the same sort of men as his clients; men who will be able to imagine themselves in the same situation and realize what verdict the client wants." During the last several decades there have been many major changes in the law; however, in selecting a jury the attorney&acirc;&euro;TMs goals remain the same. In getting the "right" jury, one major consideration is picking the right venue - where the trial will be held. Each courthouse has its own pool of potential jurors. A jury in Santa Monica is likely to have a much different racial, age and socio-economic makeup than that of central Los Angeles.]]></description>
			<pubDate>Thu, 08 Jan 2009 14:51:23 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[How to Collect Judgments]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1150</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1150</link>
			<description><![CDATA[Any landlord can tell you all about the joys of rent court; the long wait, the endless string of whining, and then the realization that, after you win, all you're left with is the right to collect a debt from someone who probably can't pay anyway. Wonderful. How does a landlord go about collecting a money judgment from a tenant who's gone bad? Contrary to popular belief, these judgments can be collected, leaving you with more than just a tax write-off, but it will take a little effort and perseverance. First of all, the term "money judgment" can be defined as a court mandate that one party is legally entitled to collect a certain amount of money from another, but the collection is up to the winning party.]]></description>
			<pubDate>Wed, 07 Jan 2009 11:54:12 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[A Friendly Neighborhood Reminder about Copyright Law]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1127</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1127</link>
			<description><![CDATA[With the infiltration of the web into all aspects of our lives, we are now more than ever bombarded with images, advertisements, emails, e-videos, slogans, songs, web pages etc. For the modern entrepreneur, building a brand can sometimes be troublesome with the abundance out there of creative expressions that you thought you conceived first, only to find out that you were beaten to the punch by some other crafty individual. Where does one draw the line? When is it okay to use someone else's idea? Or the flip side; when is it okay for someone else to use your idea?]]></description>
			<pubDate>Thu, 18 Dec 2008 12:37:27 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Financial Turmoil and the Expanding Reach of the FCPA]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1126</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1126</link>
			<description><![CDATA[The current worldwide financial crisis may lead to unexpected results for
U.S. businesses and individuals in their efforts to comply with the
Foreign Corrupt Practices Act. As foreign governments bail out, and in
some instances nationalize, commercial and investment banks, employees of
those previously private financial institutions may become foreign
officials for purposes of the FCPA. Thus, companies must determine whether
their dealings with those institutions now implicate the FCPA.]]></description>
			<pubDate>Thu, 18 Dec 2008 12:35:14 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Disadvantages of Structured Settlement Loans ]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1124</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1124</link>
			<description><![CDATA[Structured settlements are a way for a person, company or insurance provider to pay out awards won in a lawsuit over a period of time. This is usually done on a bi-monthly or yearly schedule. This prevents large losses due to the results of a lawsuit again that person, company or insurance provider. If you do have a structured settlement you can opt to get a large sum payment; this is called a settlement loan. This is when a provider buys out your remaining structured settlement payments for one large sum. You can also get pre-settlement loans before a lawsuit case has even reached a verdict. You should know the disadvantages before deciding if it's right for you.]]></description>
			<pubDate>Thu, 18 Dec 2008 12:34:54 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Judgment Recovery - How Frustration Can Derail the Judgment Recovery Process]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1123</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1123</link>
			<description><![CDATA[If you are a judgment creditor that has been awarded a judgment against someone that owes you money, then you are probably well aware of the frustrations associated with judgment collection. However, allowing frustration to overwhelm you will do nothing but derail your chances of being successful recovering monies owed. It is estimated that almost eighty percent of all awarded judgments go uncollected with approximately $230 billion civil judgments already in the legal system. One reason such a large amount of court awarded judgments go uncollected is the lack of knowledge on the part of individual creditors. Although the courts provide creditors with the power to collect monies owed, they do very little with the enforcement part of collecting the judgment.]]></description>
			<pubDate>Thu, 18 Dec 2008 12:33:45 CST</pubDate>
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		<item>
			<title><![CDATA[Legal Alternatives To Divorce]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1117</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1117</link>
			<description><![CDATA[For individuals having marriage problems, there are two possible alternatives to dissolution of marriage, commonly referred to as divorce. (1) Annulment: (California Family Code Section 2200 et. seq.) In limited circumstances you may wish to seek an "annulment". If you are successful in obtaining an annulment, it is as if you were never married. In my experience the court's are becoming more reluctant to grant annulments, so if this is something you are interested in you should speak with a family law attorney as soon as possible. Depending on which side of the fence you are on, there can be significant advantages, or disadvantages to an annulment.]]></description>
			<pubDate>Thu, 18 Dec 2008 11:56:02 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Why a Medical Expert Witness is Essential to a Court Case]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1103</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1103</link>
			<description><![CDATA[Whether the court case is civil or criminal in nature, both plaintiffs and defendants can benefit from the use of a medical expert witness. This is especially true in an era where forensic technology is growing by leaps and bounds, branching off into areas like ballistic, blood spatter analysis and DNA testing. Another branch of forensics falls under the medical disciplines and can encompasses any group that provides a medicinal service to investigators or the population at large.]]></description>
			<pubDate>Tue, 02 Dec 2008 09:44:28 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Advantages and Disadvantages of Alternative Dispute Resolution]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1094</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1094</link>
			<description><![CDATA[There are many advantages, and some disadvantages, to using Alternative Dispute Resolution. Advantages include the fact that it usually takes far less time to reach a final resolution than if the matter were to go to trial. Usually (but not always), it costs significantly less money, as well. Furthermore, in the case of arbitration the parties have far more flexibility in choosing what rules will be applied to their dispute (they can choose to apply relevant industry standards, domestic law, the law of a foreign country, a unique set of rules used by the arbitration service, or even religious law, in some cases.). There are some disadvantages, as well. Generally, arbitrators can only resolve disputes that involve money. They cannot issue orders requiring one party to do something, or refrain from doing something (also known as injunctions). They cannot change title to property, either. Also, some of the safeguards designed to protect parties in court may not be present in ADR. These might include the liberal discovery rules used in U.S. courts, which make it relatively easy to get evidence from the other party in a lawsuit.]]></description>
			<pubDate>Tue, 25 Nov 2008 15:30:08 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Intellectual Property Law]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1080</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1080</link>
			<description><![CDATA[Intellectual property is a creation of the human intellect that has commercial worth. This type of property covers a wide scope of creations including songs, designs and artwork, product names, mechanical inventions, formulas, and software. The value of intellectual property comes from the capability of the owner to control its use. Intellectual property law predominantly offers protection to the owner of intellectual property by bestowing the owner the right to file a lawsuit asking a court to implement whatever rights are being contravened. Some might refer to the intellectual property rights as affirmative rights rather than as protection. Intellectual property rights are tools that can be used when needed. A copyright owner must sue the copier in order to stop the progress of unauthorized copying otherwise the copier will get away with the illegal activities.]]></description>
			<pubDate>Mon, 17 Nov 2008 10:43:30 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[The Importance of Divorce Mediation for Couples]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1079</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1079</link>
			<description><![CDATA[Even if the people involved have seen it on the horizon, divorce is always difficult. Regardless, divorce can create peace for individuals and even entire families when conflict within a marriage cannot be resolved. Once the decision is final, the ideal situation is to end things as smoothly and as quickly as possible. Frightening tales of ugly divorces are common knowledge. My friend was going through a divorce after being married for 40 years because she waited until her last child had almost finished college. She and her husband had a thorough discussion in advance; it was going to be a peaceful divorce with the assets being divided in half, and it was to be finished with as little argument as possible. The trouble was that they had a lot of possessions, and the husband had made up his mind that he did not want to divide half of it.]]></description>
			<pubDate>Mon, 17 Nov 2008 10:37:56 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[Whistleblower Law Allows Individual to Sue For Fraud]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1042</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1042</link>
			<description><![CDATA[Qui tam is a Latin phrase given to the action of a plaintiff suing for the state as well as himself. The plaintiff bringing the action, if he wins, receives part of the penalty recovered. The balance of the penalty is awarded to the state. Qui tam is a legal provision under the False Claims Act that allows for a private individual (called a whistleblower) with knowledge of past or present fraud committed against the United States federal government to bring suit on its behalf. The individual bringing the suit is also called the "relator." In qui tam cases, the relator need not have been personally harmed by the defendant's conduct. The False Claims Act grants the relator between 15-30% of any settlement amount. In addition, the statute provides for payment of the relator's attorneys' fees. Attorneys are necessary in qui tam lawsuits because the action is taken on behalf of the government and that may only be done by an attorney.]]></description>
			<pubDate>Tue, 04 Nov 2008 13:36:30 CST</pubDate>
		</item>
		<item>
			<title><![CDATA[New Reason for Employees to Whistle - Consumer Product Safety Improvement Act]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1035</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1035</link>
			<description><![CDATA[The Consumer Product Safety Improvement Act of 2008, recently signed into law by President Bush, provides a new cause of action for &ldquo;whistleblowers&rdquo; who engage in protected activity related to defective products.Although the legislation was prompted by last year&rsquo;s high-profile recalls of toys and other children&rsquo;s products, its protections apply far beyond manufacturing, and far beyond the toy and children&rsquo;s product industries. Employers covered by the CPSIA include not only manufacturers, but also private labelers, distributors, and retailers. And &ldquo;protected activity&rdquo; encompasses the CPSIA as well as any other Act enforced by the Consumer Product Safety Commission, and any order, rule, regulation, or standard under any such Act.The whistleblower protection provisions (Section 219 of the CPSIA), will be enforced by the Department of Labor, Occupational Safety &amp; Health Administration. The whistleblower protection provisions of the CPSIA went into effect on August 14, 2008, the day the Act was signed into law.]]></description>
			<pubDate>Wed, 29 Oct 2008 09:47:18 CDT</pubDate>
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		<item>
			<title><![CDATA[The New FACTA Disposal Rule: Is Your Company Compliant?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1032</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1032</link>
			<description><![CDATA[In 2004, nearly 70% of all identity thefts occurred offline*. The reason? Lack of proper information disposal and inadequate document shredding programs within organizations. To address the responsibility of businesses to better police their procedures for destroying personal information, the federal government enacted the Disposal Rule, effective June 1st, 2005. This broad regulation impacts all U.S. businesses regardless of size or industry that possess consumer information. The regulation defines acceptable methods of consumer information disposal and assigns penalties when a company is non-compliant. Under the Disposal Rule, businesses are now compelled to assess the effectiveness of security procedures related to information disposal to meet federal compliance guidelines. Failure to do so can have grave consequences.]]></description>
			<pubDate>Tue, 28 Oct 2008 12:08:16 CDT</pubDate>
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		<item>
			<title><![CDATA[U.S. Supreme Court Again Reduces Punitive Damages in Exxon]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1006</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1006</link>
			<description><![CDATA[This Alert reviews the Exxon Valdez oil spill decision, the latest case
from the U.S. Supreme Court to review a punitive damage award for
appropriate amount and ratio to compensatory damages.&nbsp;While the
decision is limited by its terms to maritime cases, the court went on to
address much broader policy concerns.&nbsp;We discuss the implications
that the opinion raises for further restrictions on punitive damage awards
in tort cases generally.]]></description>
			<pubDate>Fri, 24 Oct 2008 11:56:18 CDT</pubDate>
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		<item>
			<title><![CDATA[Jury Selection]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1005</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1005</link>
			<description><![CDATA[In jury selection it is critically important to focus on who and what type
of witness the legal professional plans on putting in front of the jury.
Often times the choice between professional and layperson during a jury
selection is essential to winning the case.]]></description>
			<pubDate>Fri, 24 Oct 2008 11:56:16 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[President Signs Major Overhaul of the Americans with Disabilities Act]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1008</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1008</link>
			<description><![CDATA[President George W. Bush signed into law a measure (S. 3406) that
significantly amends the Americans with Disabilities Act. Ironically, the
original ADA was signed in 1991 by his father, former President George
H.W. Bush. The ADA Amendments Act of 2008, which was negotiated by
business groups and the disability and civil rights communities, together
with its principal congressional sponsors, passed the Senate by unanimous
consent on September 11, and it was approved by voice vote in the House on
September 17.]]></description>
			<pubDate>Fri, 24 Oct 2008 11:56:13 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Summary and Analysis of the Emergency Economic Stabilization Act of 2008 ]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1007</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1007</link>
			<description><![CDATA[So begins the Emergency Economic Stabilization Act of 2008 passed
by Congress and signed into law by the President on October 3,
2008.&nbsp;Over the past two weeks, Blank Rome has been preparing alerts
for its colleagues, clients, and contacts on the development of this
legislation.&nbsp;This report is intended to provide a more detailed
discussion of the provisions of the legislation and a look ahead to some
of the issues involved in the implementation of this ground-breaking
program.&nbsp;EESA&rsquo;s purpose is &quot;to immediately provide
authority and facilities that the Secretary of the Treasury can use to
restore liquidity and stability to the financial system of the United
States.&quot;&nbsp; Specifically, the act authorizes the Secretary of the
Treasury, through a newly created Office of Financial Stability, to
purchase commercial and residential mortgages and any securities related
to such mortgages.]]></description>
			<pubDate>Fri, 24 Oct 2008 11:56:08 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[E-Communications and the Law]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=1004</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=1004</link>
			<description><![CDATA[Electronic communication enables us to expedite communications and quickly exchange information. Yet, there is a price to pay for ease of use. Most companies typically have well established guidelines regarding hard copy documents. There are policies that guide the communication as well as destruction and retention. Electronic communication presents a different type of challenge for companies but one that they cannot afford to ignore.]]></description>
			<pubDate>Fri, 24 Oct 2008 11:49:31 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[A Trasylol Legal Case Can Prove to Be Your Best Defense]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=981</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=981</link>
			<description><![CDATA[Trasylol legal cases have been popping up throughout the nation at an alarming rate. The media attention that has been paid to the deadly side effects of Trasylol has shed the much-needed light to the subject. Trasylol has been the cause of over 20,000 deaths since 2005 that has caused uproar about the shady practices of Bayer Pharmaceuticals. The families of patients that have died from Trasylol have been left wondering for many years why their loved...&nbsp;]]></description>
			<pubDate>Fri, 24 Oct 2008 11:27:41 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Compare Quick Divorce procedure with Traditional One]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=982</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=982</link>
			<description><![CDATA[You most likely believe a divorce is a long and monotonous affair which involves mess around court rooms and divorce attorney offices throughout the proceedings. The idea of having to go through a divorce is terrible for most people but the procedure itself can be just as fatiguing and taxing both ardently and financially.]]></description>
			<pubDate>Fri, 17 Oct 2008 10:36:44 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Premises Liability: Who is to Blame?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=980</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=980</link>
			<description><![CDATA[Premises Liability is a complicated issue and covers a wide range accidents that Personal Injury Attorneys often categorize as the &lsquo;sticky wickets' of law. Why? Because at its core, Premises Liability is all about figuring out who is to blame for an accident. By definition, the term "Premises Liability" is the body of law that fixes responsibility for injuries suffered by a third party on the person who is in possession of a premises or piece of land. In other words, the person who occupies the land and has intent to control it has the responsibility to make sure it is safe and free of obvious hazards.]]></description>
			<pubDate>Fri, 17 Oct 2008 10:11:38 CDT</pubDate>
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		<item>
			<title><![CDATA[Planning for the Disabled and Elderly: Special Needs Trusts]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=912</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=912</link>
			<description><![CDATA[As the average life span of our population continues to increase, and the elderly and disabled live longer than ever before, attorneys are challenged to properly protect them. The United States government provides financial assistance through Medicaid and Supplemental Security Income (SSI) to some extent, but it is rarely sufficient to meet all the needs of the recipient. The use of a Special Needs Trust (SNT) is an excellent means to care for and protect the elderly and handicapped in addition to and in conjunction with their government benefits. (As always, please consult with a qualified&nbsp;Florida elder law attorney&nbsp;before pursuing any course of action.)&nbsp;]]></description>
			<pubDate>Mon, 06 Oct 2008 08:37:32 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Elder Law Practice Tips]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=913</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=913</link>
			<description><![CDATA[I always feel that I have spent my time wisely if I get that one "nugget" that completely alters my thinking on a subject I otherwise knew well, or opens up a new level of understanding in areas I did not. For this column, I have included several pieces of information and, hopefully, at least one of them will be a nugget for you:Homestead Assessments&nbsp;Be aware that your clients may add the name.....]]></description>
			<pubDate>Mon, 06 Oct 2008 08:33:34 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Subprime Mortgages and Theories of Liability - Deja Vu? - Part Four]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3254</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3254</link>
			<description><![CDATA[This part (Part Four) of the series provides links to and summarizes some of the more interesting observations made by made by leading commenators about various aspects of the subprime market collapse and related issues. Although a considerable amount of scholarly work is being conducted about various aspects leading to the collapse of the subprime mortgage markets, a lot of it seems to be educated guesswork&mdash;and should be critically analyzed. In addition to some of the suggested readings that I previously noted in Part One (click here), readers may find the following articles and reports particularly interesting.]]></description>
			<pubDate>Fri, 26 Sep 2008 00:00:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Subprime Mortgages and Theories of Liability - Deja Vu? - Part Three]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3242</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3242</link>
			<description><![CDATA[Part One of this series focused on certain features of the subprime mortgages now defaulting in huge numbers and noted how these features also were common in many improper transactions that led to the Savings and Loan Crisis of the early 1990s, as well as in the more recent corporate governance scandals associated with enormous investor losses typified by Enron and WorldCom. Part Two examined some statistics and problems with liability theories that plaintiffs are relying upon to establish the liability of defendants in various securities class actions for damages claimed to have been sustained in some way from with the implosion of the subprime mortgage market. Part Three addresses the heightened pleading requirements for falsity and scienter imposed by the Private Securities Litigation Reform Act of 1995 (PLSRA) and the impact of caselaw interpreting these provisions that make it very hard for class action plaintiffs to successfully establish secondary liability of defendants.]]></description>
			<pubDate>Mon, 18 Aug 2008 11:53:18 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Cal Supreme Court Lets Stand Key Disability Ruling]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3243</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3243</link>
			<description><![CDATA[Defining the term &ldquo;disability&rdquo; under California law is a very important issue, and California employers ought to pay careful attention to the definition. Unlike the federal ADA, California&rsquo;s FEHA has a very broad definition of disability. Until the Arteaga appellate opinion, now left untouched by the California Supreme Court, courts have not focused much on whether particular physical conditions do or do not qualify as disabilities.]]></description>
			<pubDate>Thu, 14 Aug 2008 07:53:50 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Subprime Mortgages and Theories of Liability - Deja Vu? - Part Two]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3241</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3241</link>
			<description><![CDATA[Part One of this series focused on certain features of the subprime mortgages now defaulting in huge numbers and explained how these features also were uncovered in many improper transactions related to the Savings and Loan Crisis of the early 1990s as well as in the more recent scandals associated with enormous investor losses typified by Enron and WorldCom (which problems, coupled with similar corporate scandals, in turn, led to a crisis of confidence by the investing public that was followed by the enactment of various corporate governance reform measures set out in the SarbanesOxley Act). Part Two of this series now examines some cases, issues, and theories of liability that plaintiffs and regulators are relying upon to establish the civil and criminal liability of the defendants in various suits for damages sustained in connection with the implosion of the subprime mortgage market.]]></description>
			<pubDate>Thu, 14 Aug 2008 07:53:15 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Subprime Mortgages and Theories of Liability - Deja Vu? - Part One]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3233</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3233</link>
			<description><![CDATA[In preparing for two speaking engagements about the Subprime Mortgage crisis (one for the &ldquo;White Collar Practice for the Business Lawyer and In House Counsel Conference&rdquo; (South Texas College of Law on August 1, 2008), and the other for the ABA Annual Meeting in New York City entitled &ldquo;Regulatory and Criminal Investigations of the Subprime Mortgage Meltdown&rdquo; (Section of Business Law on August 9, 2008)), I have had the benefit of reading many excellent articles and working drafts analyzing different aspects of the subject, as well as reflecting on my prior experience as a Chief of a Financial Institutions Fraud Section at the U.S. Attorney&rsquo;s Office in the Southern District of Texas during the 1990s (near the epicenter of activity during the Savings &amp; Loan Crisis) and also on my more recent experience in defending an individual in one of the Enron cases.]]></description>
			<pubDate>Wed, 13 Aug 2008 10:58:54 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Genetic Information Nondiscrimination Act]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3231</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3231</link>
			<description><![CDATA[On May 21, 2008, President Bush signed the Genetic Information Nondiscrimination Act (&rdquo;GINA&rdquo;) of 2008. The statute had previously passed the Senate unanimously and the House by a 414 to 1 vote. Upon the President signing it, GINA went into effect immediately. The Genetic Information Nondiscrimination Act prohibits discrimination on the basis of genetic information with respect to health insurance and employment. Congress passed it in recognition that there are great opportunities for medical advancement from sequencing the human genome and other genetic advances.]]></description>
			<pubDate>Fri, 08 Aug 2008 09:57:22 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Going Outside the Sentencing Guidelines: An Update on Federal Sentencing Practice and Procedure]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=490</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=490</link>
			<description><![CDATA[In two key decisions issued in December 2007, the United States Supreme
Court has picked up where it left off following last term&rsquo;s ruling
in Rita v. United States, and has provided further &ndash; and
much-needed &ndash; guidance to lower courts and practitioners as to the
mechanics of federal sentencing in the post-Booker era in which the
Sentencing Guidelines are no longer mandatory.&nbsp;In its two latest
decisions, Gall v. United States, 128 S. Ct. 586 (2007), and
Kimbrough v. United States, 128 S. Ct. 558 (2007), the Court has
made clear that district court judges have substantial discretion to
impose non-Guidelines sentences and need not find extraordinary
circumstances in order to justify such sentences, as had been previously
required by many courts of appeals.&nbsp; ]]></description>
			<pubDate>Tue, 05 Aug 2008 16:08:57 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Take Your Guns to Work? Florida Passes the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=492</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=492</link>
			<description><![CDATA[On April 15, 2008, Florida Governor Charlie Crist signed the Preservation
and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of
2008. The act, which takes effect July 1, 2008, will impose significant
restrictions on the ability of employers and businesses to prohibit and
monitor the presence of firearms within automobiles owned by employees and
customers on their property. The law is intended &ldquo;to codify the
longstanding legislative policy of the state that individual citizens have
a constitutional right to keep and bear arms &hellip; and that these rights
are not abrogated by virtue of a citizen becoming a customer, employee or
invitee of a business entity.&rdquo; The act&rsquo;s approval comes less
than a month after the U.S. Supreme Court heard argument in District
of Columbia v. Heller, a case in which the court is expected to
analyze the issue of whether an individual citizen has a right to own a
firearm under the Second Amendment of the United States Constitution.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:08:44 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Rule 23(f) Class Certication Appeals: 10 Days Means 10 Days]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=494</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=494</link>
			<description><![CDATA[A new opinion from the U.S. Court of Appeals for the Third Circuit is a
reminder of the rigor with which courts apply Rule 23(f)&rsquo;s
requirement that a petition for permission to appeal an order granting or
denying class action certification be filed with the circuit clerk within
10 days after the order is entered.&nbsp;]]></description>
			<pubDate>Tue, 05 Aug 2008 16:08:32 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court Rejects Broad Review of Arbitration Decisions]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=496</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=496</link>
			<description><![CDATA[On March 25, 2008, in Hall Street Assoc., L.L.C. v. Mattel, Inc.
(No. 06-989), 76 U.S.L.W. 4168, the U.S. Supreme Court resolved a split in
the federal circuits and held that the limited judicial review provisions
of the Federal Arbitration Act are exclusive. This decision renders
unenforceable most arbitration agreement terms that provide standards of
judicial review broader than the narrow standards set forth in the FAA.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:08:10 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Undocumented Aliens And Union Activity: Ruling Shows Employers' Dilemma When Dealing With Conflicting Federal Laws]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=495</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=495</link>
			<description><![CDATA[On January 4, the U.S. Circuit Court of Appeals for the District of
Columbia held that undocumented aliens are entitled to all protections
accorded to all employees under the National Labor Relations Act. In
Agri-Processor Co., Inc. v. NLRB, the Court confirmed those
rights even though undocumented aliens may not lawfully work in U.S.
workplaces under the Immigration Reform &amp; Control Act of 1986.
Therefore, while it is unlawful for employers to hire undocumented workers
or for such undocumented workers to seek employment in U.S. workplaces,
once hired, they have all the rights of lawful workers to unionize - with
the blessing of the National Labor Relations Board&nbsp;and several U.S.
Circuit Courts of Appeal.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:07:59 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Are Pre-Bankruptcy Waivers of the Automatic Stay in Real Estate Workouts Enforceable?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=498</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=498</link>
			<description><![CDATA[When negotiating forbearance agreements, real estate lenders consider
including a provision waiving the automatic stay in the event the borrower
later files bankruptcy. A new decision from the U.S. Bankruptcy Court for
the Southern District of Florida addressed the enforceability of just such
a pre-bankruptcy waiver of the automatic stay. As the discussion below
illustrates, the case involved a real estate project in financial trouble.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:07:36 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[How CIOs Can Reduce the Expense and Headache of E-Discovery Compliance]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=497</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=497</link>
			<description><![CDATA[Every CIO in America knows that the federal courts recently imposed new
electronic discovery burdens on virtually every organization in the
country. In more than a few businesses, living with these new rules has
generated friction between the IT department and the general
cCounsel&rsquo;s office. At least half the blame for that friction can be
placed on the lawyers, of course, but both sides sometimes have a hard
time speaking intelligibly to each other.This artilce was
orignially published by TechLINKS.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:07:24 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Federal District Court Rules SOX Whistleblower Protection Applies to Foreign Employee of a U.S. Subsidiary of a Foreign Corporation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=500</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=500</link>
			<description><![CDATA[A Case of First Impression from the Southern District of New
YorkIn O'Mahony v. Accenture Ltd., 07 Civ. 7916,
02/05/08 (S.D.N.Y.), U.S. District Judge Victor Marrero, in a case of
first impression, held that the whistleblower protection provisions of
Sarbanes-Oxley applied to the U.S. subsidiary of a foreign Bermuda-based
corporation founded upon conduct engaged in on foreign soil, under foreign
law and affecting an employee based in and performing services in the
foreign jurisdiction. While the case is related to the nonpayment of
Social Security taxes in France for an employee of Accenture's U.S.
subsidiary who had worked in France for more than five years, as required
by French law, the decision is worth watching because it is the first case
to hold that the whistleblower provisions of SOX apply to an employee
working overseas.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:07:04 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court Ruling Allows Individuals to Recover Individual 401(k) Account Losses]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=499</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=499</link>
			<description><![CDATA[The U.S. Supreme&nbsp;issued its ruling in LaRue v. DeWolff, Boberg
&amp; Associates, Inc. The high court disagreed with the&nbsp;4th
Circuit Court of Appeals' decision that a participant in a 401(k) plan is
prohibited from using Section 502(a)(2) of the Employee Retirement Income
Security Act to recover losses allegedly caused by his employer's failure
to carry out his investment instructions. &quot;Although [Section]
502(a)(2) does not provide a remedy for individual injuries distinct from
plan injuries,&quot; the majority wrote, &quot;that provision does
authorize recovery for fiduciary breaches that impair the value of plan
assets in a participant's individual account.&quot; LaRue v. DeWolff,
Boberg &amp; Associates, Inc., No. 06-856, U.S. Supreme Court
(February 20, 2008).]]></description>
			<pubDate>Tue, 05 Aug 2008 16:06:44 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Purchase of Competitor's Mark as Online Advertising Keyword Deemed Trademark "Use" in Commerce]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=501</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=501</link>
			<description><![CDATA[Trademark owners appear to have won additional victories in the ongoing
legal battleground over online advertisers and search engines&rsquo;
controversial practice of keyword-triggered advertising. The U.S. District
Courts for the District of Massachusetts and Kentucky both joined a growing
majority of federal trial courts in holding that the purchase of a
competitor&rsquo;s trademark as a keyword to trigger sponsored
advertisements through an online search engines&rsquo; advertising program
constitutes &ldquo;use&rdquo; in commerce under the Lanham Act.&nbsp;
Boston Duck Tours, LP v. Super Duck Tours, LLC, Civ. A. No.
07-11222-NMG (D. Mass. Dec. 5, 2007); T.D.I. International, Inc. v.
Golf Preservations, Inc., Civ. A. No. 6:07-313-DCR (E.D. Ky., Jan.
31, 2008).]]></description>
			<pubDate>Tue, 05 Aug 2008 16:06:32 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Senate Passes Bill Including Energy And Conservation Tax Benefits]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=504</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=504</link>
			<description><![CDATA[On December 14, 2007, the Senate passed its version of the Farm, Nutrition
and Bioenergy Act of 2007. Included in the bill are a variety of
provisions that could affect all taxpayers involved in energy and land
conservation efforts. As with most legislation, however, there are
continuing debates over how to pay for the tax benefits granted under the
bill.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:05:48 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[U.S. Supreme Court Rejects the Concept of "Scheme Liability"]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=503</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=503</link>
			<description><![CDATA[On January 15, 2008, the U.S. Supreme Court issued a much-anticipated
decision that significantly reduces the risk that a third party &ndash;
such as a vendor or financial institution &ndash; that does business with
an issuer who files financial statements that violate the federal
securities laws, would itself be held liable for violations of Section
10(b) of the Securities and Exchange Act of 1934, as amended, and
Securities and Exchange Commission Rule 10b-5. This decision should
significantly insulate financial institutions and others who work with
issuers of publicly traded securities from federal securities law
liability based on a claim that, but for the conduct of the third party,
the issuer would not have been able to make an actionable misstatement.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:05:35 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Third Circuit Decision Clarifies Proper Use of Lapp Factors in Trade Dress Infringement Actions]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=507</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=507</link>
			<description><![CDATA[On December 24, 2007, the U.S. Court of Appeals for the Third Circuit
handed down an important decision that clarifies how district courts are
to analyze and weigh the Lapp factors in a trade dress
infringement action involving store brands. The Lapp factors,
named after the Third Circuit's decision in Interpace Corp. v. Lapp
Inc., are used to determine whether a plaintiff in a Lanham Act case
has demonstrated a likelihood of consumer confusion.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:05:24 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Private Dispute Resolution - A New Revolution]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=506</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=506</link>
			<description><![CDATA[Dan and George are partners in a computer and software consulting business.
Dan notices sales are down and wants to retire. George wants to start his
own company. The problem is that the partnership owns over $3,000,000 in
computers and software which George would like to use for his business.
They also own copyrights to the software and patents for them as well.
They cannot agree on a buy out for Dan, nor can they agree on how to split
the assets. Dan sues and after $40,000 in pleadings, depositions, motions
and judicial conferences, there is no resolution&hellip;]]></description>
			<pubDate>Tue, 05 Aug 2008 16:05:06 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[On the Horizon: Scrutiny of Class Certification Standards]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=509</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=509</link>
			<description><![CDATA[A conflict appears to be ripening among the federal circuit courts as to
the level of scrutiny which may be applied to class
certification.&nbsp;Can courts resolve factual disputes and evaluate the
reliability of expert testimony when determining whether the elements of
class certification under Federal Rule of Civil Procedure 23 &ndash;
numerosity, commonality, typicality and adequate representation &ndash;
have been met?]]></description>
			<pubDate>Tue, 05 Aug 2008 16:04:51 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Dilemma Posed by an Opposing Party with Diminished Capacity]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=508</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=508</link>
			<description><![CDATA[Most litigators have dealt with situations in which the opposing attorney
is&mdash;there&rsquo;s no other way to put it&mdash;a jerk, who seems to
be acting solely to promote his or her own interests rather than those of
the client.&nbsp;These situations often require the parties themselves to
find a way to deal with each other directly. Such cases come with the
territory, and experienced litigators have learned how to address the
often-competing interests that diverse personalities and difficult
opposing counsel bring to legal disputes.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:04:39 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Supreme Court Provides Little Guidance On Inclusion Of Post-Petition Attorneys' Fees In Unsecured Claims]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=511</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=511</link>
			<description><![CDATA[After Travelers, Bankruptcy Courts Still Need
DirectionsFew things can put uncertainty in
bankruptcy practice to rest better than a clear and complete unanimous
decision by the United States Supreme Court. Conversely, few things can
lead to extensive litigation more than the Supreme Court&rsquo;s defining
a bankruptcy battleground and then ducking for cover. In that light, the
Supreme Court&rsquo;s technical basis for expressing no opinion on a
central and critical issue relating to the ability of unsecured claimants
to add contractually provided attorneys&rsquo; fees incurred in
post-petition litigation to their claims in Travelers Casualty &amp;
Surety Co. v. Pacific Gas &amp; Electric Co., No. 05-1429, _____S.Ct.
____, 549 U.S.____, 2007 WL 816795 (March 20, 2007), is close to a
bankruptcy lawyer full employment act.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:04:24 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[U.S. Supreme Court Considers Scope of Possible ]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=510</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=510</link>
			<description><![CDATA[In a closely watched case, which may redefine claims and remedies allowed
under the Employee Retirement Income Security Act, the U.S. Supreme Court
heard arguments on November 26, 2007, on a ruling rejecting a plaintiff's
requests to recover losses to his individual 401(k) retirement account.
The U.S. Court of Appeals for the&nbsp;4th Circuit rejected the requested
relief because the relief sought was not equitable in nature and the suit
did not seek relief on behalf of the plan. The decision of the appeals
court denying the plaintiff's request follows traditional legal analysis
in ERISA cases under ERISA provision 29 U.S.C. &sect; 1132(a)(2), which
authorizes recovery of &quot;any losses to the plan.&quot; LaRue v.
DeWolff, Boberg &amp; Associates, Inc., No. 06-856.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:04:14 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Federal Court of Appeals Rules That a Trucking Company May Terminate an Employee Who Poses a Safety Risk ]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=512</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=512</link>
			<description><![CDATA[In March 2007, a federal court of appeals ruled in favor of an employer
sued by the Equal Employment Opportunity Commission for terminating an
employee diagnosed with neurocardiogenic syncope. In EEOC v. Schneider
National, Inc., the EEOC sued Schneider National, Inc., the nation's
largest truck company, for terminating Jerome Hoefner, an employee who had
been diagnosed with neurocardiogenic syncope. Neurocardiogenic syncope is a
disorder of the nervous system that potentially produces a sudden and
unexpected drop in blood pressure that reduces the amount of blood
reaching the brain, causing the victim to faint. Possible triggers that
may cause these fainting episodes include prolonged standing or upright
sitting, stress, prolonged exposure to heat, hunger, nausea or vomiting
and dehydration. The disorder can be treated with medication and does not
prevent an individual from satisfying the safety standards required by the
Federal Motor Carrier Safety Act. ]]></description>
			<pubDate>Tue, 05 Aug 2008 16:04:03 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Bloggers and the First Amendment]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=505</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=505</link>
			<description><![CDATA[&quot;The episode was quickly seized upon on the blogosphere,&quot;
The New York Times wrote today. The episode in question (a gay
general with alleged ties to Hillary Clinton asking the Republican
presidential candidates a question at a CNN debate) is not so important
for present purposes, but the mention of &quot;the blogosphere&quot;
certainly is. The Times cared enough to note the blogosphere's
reaction to the debate issue. Meanwhile, a columnist for The Dallas
Morning News provided her readers this week with &quot;Tips from a
blogosphere navigator&quot; and at a recent seminar, a television reporter
blasted bloggers as people without journalistic training or standards who
rely on hearsay.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:03:44 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Basics of the Uniform Fraudulent Transfer Act]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=618</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=618</link>
			<description><![CDATA[Most of the states (approx. 43), including Utah (since 1988) (where the author practices law), have enacted the Uniform Fraudulent Transfer Act (promulgated in 1984).&nbsp; Other states (approx. 3) have enacted the earlier Uniform Fraudulent Conveyances Act (promulgated in 1918; used in Utah prior to 1988), while still others have some form of rules based on the Statute of Elizabeth of 1571, 13 Eliz. 1, C.5 of England.&nbsp; One way or the other, all states have some version of a fraudulent transfer rule which protects, to one extent or another, creditors from certain transfers by a debtor or obligations undertaken by a debtor with the intention or effect of avoiding payment of debts.&nbsp;]]></description>
			<pubDate>Tue, 05 Aug 2008 16:03:30 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Federal Appeals Courts Offer Disparate Approaches to Appellate Review of Sentences Post-Rita]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=515</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=515</link>
			<description><![CDATA[In the wake of the United States Supreme Court&rsquo;s latest sentencing
pronouncement in Rita v. United States, 127 S. Ct. 2456 (2007),
which held that federal appeals courts could presume that sentences within
the applicable Sentencing Guidelines range are reasonable (and therefore
could affirm such sentences), the circuit courts have charted widely
divergent approaches in attempting to apply the Rita holding in
determining whether sentences are reasonable. In an opinion surely
intended to discourage appeals of guidelines sentences, the Seventh
Circuit has held that an appeal challenging a sentence within the
applicable guidelines range may well be considered frivolous.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:02:55 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[E-Discovery Update: What's Happened Since the Rules Were Amended]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=513</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=513</link>
			<description><![CDATA[On December 1, 2006, Congress amended the Federal Rules of Civil Procedure
to address the developing area of electronic discovery (e-discovery). The
amendments were designed to modernize the rules and provide guidance to
litigants and attorneys on their obligations to preserve and produce
electronic documents.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:02:39 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Necessity of Notice: Increasing Emphasis Placed on Providing Customers with Notice of Modifications to Online Contracts]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=514</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=514</link>
			<description><![CDATA[Recent federal court decisions have held that companies cannot bind
customers to new contract terms by posting the changes on a Web site.
Instead, a company must provide notice to the customers that the terms of
a contract have changed. While the courts have not given specific
guidance, notice that identifies the applicable contract accompanied by a
summary of the modifications is likely sufficient. Further, the cases
indicate that it is best if the Web site enables costumers to
&ldquo;accept&rdquo; the revised contract.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:02:23 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Dispute Resolution - Is There a Right Way?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=516</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=516</link>
			<description><![CDATA[Disputes and claims are something that we all must live with despite our
best efforts to avoid them.&nbsp;How we choose to resolve our differences,
however, is often something that is within our control.&nbsp;Because this
decision can have a significant effect on what your project will
ultimately cost, it requires careful deliberation. Before making the final
decision to jump to litigation, pause for a moment and consider what that
option holds for your future.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:02:09 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Federal Court Issues Temporary Halt to Implementation of Social Security ]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=517</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=517</link>
			<description><![CDATA[On Friday, August 31, a federal judge blocked the government&rsquo;s
implementation of a new regulation addressing how employers should respond
to so-called no-match letters issued by the Social Security Administration.
U.S. District Judge Maxine Chesney granted a nationwide temporary
restraining order sought by the AFL-CIO and affiliated unions to keep the
government from sending the no-match letters. SSA previously announced
that an initial wave of 140,000 no-match letters would be issued between
September 14, 2007, and November 9, 2007. The restraining order remains in
effect until October 1, 2007, when another federal judge will determine
whether to leave the injunction in place pending a trial on the issues
raised by the plaintiffs.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:01:55 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[HIPAA in Private Tort Litigation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=519</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=519</link>
			<description><![CDATA[U.S. businesses and private citizens have become increasingly knowledgeable
regarding the existence of the Health Insurance Portability and
Accountability Act and its general implications. The purpose of this
advisory is not to rehash HIPAA requirements but, rather, to touch on
newer uses and abuses of this law and its applications. No private right
of action is bestowed by HIPAA; however, if the trends and case outcomes
discussed below continue to gain traction, a very expensive result may
await those who breach HIPAA confidentiality.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:01:37 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[National Procurement Fraud Task Force Legislation Committee Proposes Legislative and Regulatory Reforms]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=518</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=518</link>
			<description><![CDATA[On July 9, 2007, the National Procurement Fraud Task Force (the Task Force)
Legislation Committee transmitted a white paper entitled &ldquo;Procurement
and Grant Fraud: Legislative and Regulatory Reform Proposals&rdquo; to the
United States Department of Justice addressing proposed legislative and
regulatory reforms.&nbsp;The task force, created on October 10, 2006, is a
partnership of federal agencies that investigate and prosecute illegal
activities concerning government contracting and grant activities. If
enacted, the proposed reforms would have far-reaching implications on the
federal government&rsquo;s ability to detect, investigate and prosecute
procurement or grant fraud.&nbsp; The white paper provides insights into
the possible future of procurement and grant fraud enforcement.]]></description>
			<pubDate>Tue, 05 Aug 2008 16:01:24 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[HUD issues guidance on M2M Green Initiative]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=520</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=520</link>
			<description><![CDATA[On July 20, 2007, HUD rolled out its Green Initiative and is starting with
Mark-to-Market&nbsp;properties eligible for refinancing through the Office
of Affordable Housing Preservation. This nationwide pilot program is
encouraging owners in that program to use Green Building principles,
including HUD&rsquo;s Healthy Housing approach.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:59:52 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Helpful Tips for Electronic Document Management in Construction Litigation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=522</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=522</link>
			<description><![CDATA[It's not uncommon today for parties involved in construction litigation to
request or receive documents in electronic form. Most of us have
experienced receiving or producing documents on CD/DVDs by now. However,
electronic document management is relatively new to the litigation
process.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:59:40 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[E-Discovery: Admissibility of E-mails Critical for Success on Summary Judgment]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=521</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=521</link>
			<description><![CDATA[Ensuring that e-mails are admissible as evidence in support of a motion for
summary judgment may be vital to the success of the motion. In Lorraine
v. Markel American Insurance Co., the U.S. District Court for the
District of Maryland denied Motions for Summary Judgment, without
prejudice to re-file, based on each party's failure to ensure the
admissibility of their proposed e-mail evidence in support of their
petitions to enforce an arbitrator's award.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:58:59 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Is Mixed Legal And Business Advice Protected Under The Attorney Client Privilege?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=524</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=524</link>
			<description><![CDATA[Modern healthcare lawyers, particularly in house counsel, are expected to
provide clients with more than narrow legal advice.&nbsp;&nbsp;&nbsp;
Today, lawyers commonly advise clients on the implications of various
courses of actions, provide alternative approaches, address broad societal
and business implications and help clients develop and implement new
policies and procedures.&nbsp; As healthcare lawyers become more complete
counselors to clients, the question of whether their communications are
privileged becomes more complex as it is more difficult to separate
&quot;pure&quot; legal advice from business advice.&nbsp; Given the
breadth of modern discovery, this question is becoming more important.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:57:22 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Federal Legislation Would Invalidate Arbitration Clauses in Franchise, Consumer and Employment Agreements]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=523</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=523</link>
			<description><![CDATA[Since 1925, when Congress enacted the Federal Arbitration Act, contractual
provisions requiring binding arbitration of disputes have been
&ldquo;valid, irrevocable and enforceable,&rdquo; unless legal or
equitable grounds exist for revocation of the contract. 9 U.S.C. &sect; 2.
When seeking to avoid arbitration, claimants &mdash; including franchisees
and dealers, consumers and employees &mdash; often allege &ldquo;fraud in
the inducement.&rdquo;]]></description>
			<pubDate>Tue, 05 Aug 2008 15:57:01 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Festo XIII: Making the Unforeseeable, Foreseeable]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=525</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=525</link>
			<description><![CDATA[After nearly 20 years, two Supreme Court visits, and two Federal Circuit
en banc reviews, a Federal Circuit panel has recently issued yet
another Festo opinion addressing prosecution history estoppel and
infringement under the doctrine of equivalents. Festo Corp. v. Shoketsu
Kinzoku Kogyo Kabushiki Co., No. 05-1492, 2007 WL 1932269 (Fed. Cir.
July 5, 2007).]]></description>
			<pubDate>Tue, 05 Aug 2008 15:56:41 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[ Supreme Court Rules That Guidelines Sentences May Be Considered Presumptively Reasonable on Appeal ]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=526</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=526</link>
			<description><![CDATA[In its first major sentencing decision since its landmark ruling in
United States v. Booker, 543 U.S. 220 (2005), invalidating the
mandatory nature of the United States Sentencing Guidelines, the Supreme
Court has held that appellate courts may apply a presumption of
reasonableness to sentences falling within the now-advisory Sentencing
Guidelines range (and therefore uphold such sentences) without running
afoul of the Sixth Amendment&rsquo;s jury trial right.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:56:27 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[ U.S. Supreme Court Decision Deters Frivolous Securities Class Action Suits]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=528</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=528</link>
			<description><![CDATA[On June 21, 2007, the U.S. Supreme Court issued an important decision that
will help protect corporate issuers from frivolous lawsuits by securities
class action plaintiffs.1 The decision requires that, in order
to survive a motion to dismiss under the Private Securities Litigation
Reform Act of 1995 (the &ldquo;Reform Act&rdquo;), a complaint alleging
violation of Section 10(b) of the Securities Exchange Act of 1934, as
amended, and Securities and Exchange Commission Rule 10b-5 must plead
facts giving rise to an inference of scienter2 that is
&ldquo;more than merely plausible or reasonable&mdash;it must be cogent
and at least as compelling as any opposing inference of nonfraudulent
intent.&rdquo;]]></description>
			<pubDate>Tue, 05 Aug 2008 15:56:01 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court's KSR v. Teleflex Decision ]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=527</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=527</link>
			<description><![CDATA[In KSR v. Teleflex, the Supreme Court reversed the Federal Circuit
because the Federal Circuit&rsquo;s approach in determining obviousness was
too rigid and inflexible. The Federal Circuit applied its traditional
&ldquo;teaching, suggestion, motivation&rdquo; test in reversing the
district court&rsquo;s grant of summary judgment of obviousness. In
reversing the Federal Circuit and re-affirming the district court, the
Supreme Court stated &quot;[t]hroughout this Court's engagement with the
question of obviousness, our cases have set forth an expansive and
flexible approach inconsistent with the way the Court of Appeals applied
its TSM test here.&quot;]]></description>
			<pubDate>Tue, 05 Aug 2008 15:55:45 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[U.S. Supreme Court Upholds State Limitations on Public-Sector Unions' Agency Fee Spending]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=530</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=530</link>
			<description><![CDATA[The U.S. Supreme Court, in a unanimous decision, has held that states do
not violate the First Amendment of the Federal Constitution by requiring
public-sector unions to obtain authorization from nonmember agency fees
payers prior to using their money for political purposes.&nbsp;The June 14
ruling came in cases arising from a teachers' union challenge to a
Washington State voter initiative.&nbsp; Davenport v. Washington
Education Association, Nos. 05-1589, -1657.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:54:59 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[A New Priority for E-Discovery: Early Collaboration,Identification, Preservation and Documentation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=529</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=529</link>
			<description><![CDATA[Federal courts have been working with electronically stored information for
years.&nbsp;Due to recent changes to the Federal Rules of Civil Procedure,
however, e-discovery requirements have been intensified for businesses and
key personnel, indicating the importance of early, proactive collaboration
between information technology specialists, counsel and executive
management. The amendments, which took effect in December 2006, bring
renewed clarity and consistency to the discovery process, allowing parties
to plan ahead, save time and mitigate the costs associated with producing
electronic information.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:54:42 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Out of Sight, Out of Mind - The Secret World of Keyword Ads]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=531</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=531</link>
			<description><![CDATA[Doubtless only a lawyer could sensibly parse the statement that
&ldquo;commercial use is not the equivalent of &lsquo;use in
commerce.&rsquo;&rdquo;&nbsp; To other sentient beings, it might seem that
the only way of making &ldquo;commercial use&rdquo; of something would be
&ldquo;in commerce.&rdquo;]]></description>
			<pubDate>Tue, 05 Aug 2008 15:54:30 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court Announces New Pleading Rule]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=533</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=533</link>
			<description><![CDATA[In an antitrust case decided on May 21, 2007, the United States Supreme
Court abandoned a fifty-year-old liberal pleading rule in favor of a
significantly tougher standard applicable to all civil cases that may make
it more difficult for plaintiffs to sue and easier for defendants to end
lawsuits early, avoiding expensive litigation. The Court's rejection of
the old standard is unequivocal: the court's old formulation, quoted for
half a century in numerous opinions of the Supreme Court and the lower
courts, &quot;is best forgotten as an incomplete, negative gloss on an
accepted pleading standard.&quot;]]></description>
			<pubDate>Tue, 05 Aug 2008 15:54:09 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[FCC Takes Action Against "Pretexting"]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=532</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=532</link>
			<description><![CDATA[The Federal Communications Commission (FCC) has adopted new rules regarding
the protection of customer proprietary network information (CPNI), which
will become effective sometime in the fourth quarter of 2007. This action
is part of an overall government crackdown on &ldquo;pretexting,&rdquo;
the term for the unauthorized obtaining of telecommunications customer
information from carriers through misrepresentation of a caller&rsquo;s
identity.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:53:47 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Sky is Not the Limit: Limitation of Liability Clauses May Be the Solution to Cap Your Contractual Liability]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=535</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=535</link>
			<description><![CDATA[Who doesn't want to limit exposure from potential lawsuits and other
claims that may arise? Most companies and individuals use insurance to
protect themselves, but not all claims are insurable. For those claims,
the use of limitation of liability clauses may be the solution.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:53:28 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[SanDisk v. STMicroeletronics Announces a "Sweeping Change" to the Declaratory Judgment Standard in Patent Cases]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=534</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=534</link>
			<description><![CDATA[A recent Federal Circuit decision, SanDisk Corp. v. STMicroelectronics,
Inc., announced a new declaratory judgment standard in patent cases,
expanding the rights of potential licensees to file preemptive complaints
against patent owners.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:53:09 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Patent Reform Act of 2007]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=537</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=537</link>
			<description><![CDATA[On April 18, 2007, members of the House and Senate introduced the Patent
Reform Act of 2007, which would make major changes to the way that patents
are procured, profited from, and challenged in the United States. The new
law would apply to any patent issued on or after the new law&rsquo;s
effective date, which would be 12 months after enactment.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:52:47 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[On Same Day, Supreme Court Renders Two Important Patent Decisions: Clarifying Standard for Obviousness and Extraterritorial Reach of U.S. Patents]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=536</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=536</link>
			<description><![CDATA[Supreme Court Rejects Rigid Application of &quot;Teaching,
Suggestion, or Motivation&quot; Test in Favor of Expansive and Flexible
Approach to Obviousness InquirySupreme Court Rules that 35
U.S.C. &sect; 271(f)(1) Does Not Apply to Software Copied and Installed on
Computers Abroad]]></description>
			<pubDate>Tue, 05 Aug 2008 15:52:17 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Trademarks and the Law]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=539</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=539</link>
			<description><![CDATA[Trademark registrations continue to rise as companies seek to protect their
rights and as individuals expand their entrepreneurial enterprises. Use of
the Internet and alternative media is rapidly changing the accessibility
of information, and further expanding the issues surrounding trademark
law. Understanding the key components of trademark law can help you and
your company avoid costly legal battles.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:51:24 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The FCA's Stringent Collateral Estoppel Provision]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=538</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=538</link>
			<description><![CDATA[One of the most crucial provisions of the False Claims Act, 31 U.S.C.
&sect; 3729-33 (FCA), is one that receives relatively little attention
until it is invoked by the government or a qui tam relator: the
mandatory and stringent collateral estoppel provision contained in Section
3731(d). Defense counsel should always have this section in mind when
negotiating any kind of plea agreement with the government. ]]></description>
			<pubDate>Tue, 05 Aug 2008 15:50:49 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Rule Change Significantly Alters Civil Settlement Negotiation Environment; Permits Government to Use Civil Settlement Statements in Criminal Prosecutions]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=540</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=540</link>
			<description><![CDATA[Although there has been much attention focused on both recent changes to
the Federal Rules of Civil Procedure governing discovery of electronic
documents, and the proposed changes to Federal Rule of Evidence 502,
governing the scope of the attorney-client privilege, clients should not
overlook another recent Federal Rule change of great significance. On
December 1, 2006, Federal Rule of Evidence 408 was amended, at the request
of the U.S. Department of Justice, to permit the government to use any
&quot;conduct or statements&quot; made during civil settlement
negotiations with a government agency against a defendant in a criminal
proceeding. The amended rule significantly alters how defense counsel and
their clients should approach settlement negotiations with any government
agency.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:50:38 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Tenth Circuit Rejects Selective Waiver of Attorney Client Privilige and Work Product Protection]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=542</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=542</link>
			<description><![CDATA[In re Qwest Communications Securities Litigation, 450
F.3d 1179 (10th Cir. 2006), the Court of Appeals for the Tenth
Circuit declined to adopt the &ldquo;selective waiver&rdquo; doctrine,
which would permit a company to produce documents to government agencies,
via confidentiality agreements, but still assert the attorney-client
privilege and work product doctrine protections as to those same documents
in subsequent legal actions.&nbsp; In so ruling, the 10th Circuit joined
the majority of federal circuit courts that have rejected the adoption of
the selective waiver doctrine.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:50:27 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[A Crack In The Waffle House Armor: U.S. Court Of Appeals Holds Employers Can Enforce Arbitration Agreements Against Employees Who Intervene In EEOC Enforcement Actions]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=541</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=541</link>
			<description><![CDATA[In Equal Employment Opportunity Commission v. Waffle House, Inc., 534 U.S.
279 (2002), the U.S. Supreme Court addressed the scope of remedies the
EEOC can obtain in an enforcement action under Title VII or the ADA when
the complaining employee has an arbitration agreement with the defendant
employer. The issue before the Supreme Court was whether the arbitration
agreement barred the EEOC from pursuing &quot;victim-specific&quot; relief
for the employee (such as back pay, reinstatement, and damages) in the
enforcement action, and limited it to pursuing only injunctive relief.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:49:56 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court Applies Brooke Group Standard to Reject Predatory Bidding Claim]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=543</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=543</link>
			<description><![CDATA[The United States Supreme Court rejected a $79 million jury verdict
entered against Weyerhaeuser Co. on claims of monopolization and attempted
monopolization based on alleged predatory bidding for raw material
inputs.&nbsp; Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., 549 U.S. ___
(2007).&nbsp; The Court adapted and applied to the predatory bidding
claims the test it had previously adopted for predatory pricing claims in
Brooke Group Ltd. v. Brown &amp; Williamson Tobacco Corp., 509
U.S. 209 (1993).]]></description>
			<pubDate>Tue, 05 Aug 2008 15:49:44 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Troll With the Punches (Or, What to Do When the "Take a License" Letter Arrives)]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=545</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=545</link>
			<description><![CDATA[HypotheticalYou are in your office thinking about
your latest case, when your assistant hands you an envelope. You need to
sign for it. Uh oh. Is there a summons and complaint inside? No. A letter.
A friendly letter suggesting that you take a license to one or more
patents. You think, &ldquo;not interested&rdquo; and toss it.Six Months LaterYou get another certified letter.
This one does have a summons and complaint inside. Congratulations,
you&rsquo;ve been sued for patent infringement.How Did
This Happen?]]></description>
			<pubDate>Tue, 05 Aug 2008 15:49:28 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Ninth Circuit Upholds Certification of Nationwide Class of More Than 1.5 Million Female Employees in Sex Discrimination Case]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=544</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=544</link>
			<description><![CDATA[In Dukes v. Wal-Mart, Inc., No 04-16688 (9th Cir. Feb. 6,
2007), the Court of Appeals for the Ninth Circuit upheld a district court
decision certifying a nationwide class of more than 1.5 million women in a
case alleging sex discrimination with regard to such matters as pay and
promotions. The class, which some observers believe may ultimately exceed
2 million members, appears to be the largest class ever certified in an
employment action filed in the United States. In a 2-1 decision, the Court
concluded that the district court had not abused its discretion in
certifying the massive class, holding that the mere size of the class did
not render it unmanageable. While the Ninth Circuit&rsquo;s ruling may not
have changed the law, it may well change the landscape for employment
class actions. The decision may lead to the filing of more, and larger,
employment class actions, and perhaps to renewed discussions about class
action reform.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:49:15 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Mixing Up the Equation: Application of the In Pari Delicto Defense in Bankruptcy Litigation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=548</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=548</link>
			<description><![CDATA[Two recent decisions, one interpreting federal law and the other
interpreting Delaware law, provide guidance for the application of the
in pari delicto doctrine in a bankruptcy context. These decisions
demonstrate that the otherwise straightforward defense of in pari
delicto--literally &quot;in equal fault&quot;--can become quite
complicated in bankruptcy-related litigation.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:49:01 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Recent Amendments to Congressional Ethics and Gift Rules: No More Free Lunch?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=546</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=546</link>
			<description><![CDATA[The U.S. House of Representatives recently adopted the House Rules for the
110th Congress which contain several amendments governing the acceptance
by Members and staff of gifts and payment for officially-connected travel.
While the House Rules technically govern only the conduct of Members and
congressional staff, it is important for those who are involved in the
legislative process in Washington to understand and abide by these rules,
as the U.S. Department of Justice has recently taken the position that, at
least in the context of egregious violations, the facilitation of
violations of these rules may constitute a violation of federal laws
regarding the provision of &quot;honest services&quot; by public
officials.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:48:47 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Deceptive Privacy Promises Violate Lanham Act]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=547</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=547</link>
			<description><![CDATA[A jury recently awarded $4.5 million to CollegeNET Inc. (CollegeNET) for
damages sustained as a result of unfair competition by rival XAP Corp.
(XAP).&nbsp; XAP was held liable for false and misleading statements it
made about the privacy of personal data collected from users of its web
site. CollegeNET v. XAP Corp., 03-CIV-1229-BR (October 5, 2006). The
argument against XAP hinged on the company&rsquo;s failure to convince the
judge (on an earlier summary judgment motion) and the jury (at trial) that
an opt-in provision constituted express consent to disclosure of the
user&rsquo;s personal information.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:48:35 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Federal Circuit's Distinctions Between Product and Process (Tool) Inventions May Place Patents at Risk for Invalidation Under On Sale Bar]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=550</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=550</link>
			<description><![CDATA[In its recent Plumtree Software, Inc. v. Datamize, LLC, (No.
06-1017) decision, the Court of Appeals for the Federal Circuit vacated
the Northern District of California&rsquo;s summary judgment ruling that
Datamize&rsquo;s patents were invalid under the one year on sale bar, 35
U.S.C. &sect; 102(b). Specifically, it held that the record did not
contain sufficient facts to determine whether the patented process was
sold or offered for sale before the critical date.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:48:06 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Multiparty Litigation and the Common Interest Privilege: Finding the (Litigation) Common Ground]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=549</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=549</link>
			<description><![CDATA[In multi-party litigation, litigants who share a common opponent often have
a common interest in proving that opponent wrong. These litigants can be
co-plaintiffs who both claim that a defendant has wronged them; or
co-defendants who both claim that a plaintiff's allegations are without
merit. In this overlap of interest&mdash;or the litigation common
ground&mdash;certain facts, legal positions, or strategies can serve the
collective interests of both litigants to the detriment of the common
opponent. To leverage the collective resources of the parties with a
&quot;common interest,&quot; the law allows for a &quot;common interest
privilege.&quot;]]></description>
			<pubDate>Tue, 05 Aug 2008 15:47:39 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Implied Warranties in the Uniform Commercial Code]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=551</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=551</link>
			<description><![CDATA[Within the United States, the purchase/sale of products is typically
governed by each state government&rsquo;s version of the Uniform
Commercial Code (UCC).&nbsp; Under the UCC, a seller&rsquo;s sale of a
product inherently is made with two &ldquo;implied&rdquo; warranties:1.&nbsp;&nbsp; The Warranty of Merchantibility2.&nbsp;&nbsp;
The Warranty of Fitness for a Particular Purpose]]></description>
			<pubDate>Tue, 05 Aug 2008 15:46:47 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Due Diligence in Acquisition of Government Contractors]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=554</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=554</link>
			<description><![CDATA[The news is out. Businesses that do work for the Federal Government often
earn steady and predictable profits and revenues. Large and mid-size
Government contractors are acquiring other Government contractors of all
sizes. And non-Government contractors looking to expand their customer
base frequently explore buying businesses that already have contracts with
the Federal Government.]]></description>
			<pubDate>Tue, 05 Aug 2008 15:46:31 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[En Banc Federal Circuit Adopts Specific Intent Standard for Inducement]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=553</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=553</link>
			<description><![CDATA[On Wednesday, December 13, 2006, the Federal Circuit resolved a split in
authority over the standard for proving inducement of patent infringement.
Previously, competing panels of the Federal Circuit had issued contrary
opinions: in one case, the Federal Circuit held that intent to infringe
was required to prove inducement, while, in another, the Federal Circuit
held that only intent to cause the acts constituting infringement was
required. Compare Manville Sales Corp. v. Paramount Systems,
Inc., 917 F.2d 544, 554 (Fed. Cir. 1990) with Hewlett-Packard Co.
v. Bausch &amp; Lomb, Inc., 909 F.2d 1464 (Fed. Cir. 1990). In
DSU Medical Corp. v. JMS Co., Ltd., Case No. 04-1620, the Federal
Circuit adopting the stricter standard, holding that intent to infringe,
i.e., &ldquo;specific intent,&rdquo; is the proper benchmark.
This portion of the opinion was designated en banc, while the
remainder was issued by the original three judge panel. ]]></description>
			<pubDate>Tue, 05 Aug 2008 11:03:31 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[ALP: My company is ready to do business internationally. What has changed since 9/11?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=552</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=552</link>
			<description><![CDATA[Since the events of 9/11, the&nbsp;United States government has placed
renewed emphasis on regulating international trade.&nbsp; Much of the
regulatory legislation applicable to international trade compliance was
drafted to protect U.S. interests during the Cold War era.&nbsp; However,
following the demise of the Soviet Union , enforcement was often lax and
funding for regulatory agencies was inadequate.&nbsp; In our current
international climate, enforcement has once again become a priority, and
funding for agencies such as the Bureau of Industry and Security
(&ldquo;BIS&rdquo;), the Directorate of Defense Trade Controls
(&ldquo;DDTC&rdquo;), and the Office of Foreign Assets Control has been
dramatically increased.&nbsp; All U.S.-based businesses with international
customers, subsidiaries, manufacturing facilities, and/or sales must be
cognizant of the vast array of rules and regulations that could
potentially impact their companies&rsquo; compliance with United States
law.&nbsp; Failure to comply may result in civil or criminal
prosecution.&nbsp;]]></description>
			<pubDate>Tue, 05 Aug 2008 09:30:59 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Amended Federal Rules of Civil Procedure: Four Essentials You Should Know]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=556</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=556</link>
			<description><![CDATA[On December 1, 2006, certain of the Federal Rules of Civil Procedure were
amended to provide consistent ground rules for parties dealing with
Electronically Stored Information (&ldquo;ESI&rdquo;) in discovery.&nbsp;
Everyone talks about the amendments in the abstract, but you may still be
wondering what they are.&nbsp; Below we provide a simple summary of four
specific changes to the discovery process most likely to affect you as a
result of these broader amendments to the Federal Rules.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:30:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Ten Things You Need to Know About E-Discovery]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=558</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=558</link>
			<description><![CDATA[Preservation, recovery and production of electronic documents increasingly
consume attorney time, litigation budgets and in-house counsel resources.
We are &ldquo;pack rats&quot; when it comes to electronic documents.
According to a University of California-Berkeley study, 92 percent of all
new information created in 2002 was stored in electronic form.&nbsp;
Further, the burden of dealing with electronic documents is eclipsed by
the risk associated with failure to properly preserve and produce them. A
2005 study by Kaahn Consulting and AIIM found that while 99 percent of
businesses use e-mail, only 39 percent had a formal e-mail retention
policy. These tendencies will create significant issues in litigation.
&nbsp;&nbsp; There are hundreds of legal and practical concerns in
this area. Listed below are 10 that in-house counsel should consider:]]></description>
			<pubDate>Tue, 05 Aug 2008 09:29:54 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Role of Metadata in Modern Discovery]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=557</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=557</link>
			<description><![CDATA[Metadata &ndash; information that is embedded within the digital framework
of an electronic document and invisible to the untrained eye &ndash; poses
unique issues for litigants. Is this information discoverable to an
opposing party? If so, does a party have to produce it as a matter of
course? Or does the requesting party have the initial burden of
specifically requesting it and demonstrating its relevance? As courts, and
more recently the Federal Rules of Civil Procedure, have attempted to
address these questions, litigants must understand what this hidden
information is and, more importantly, how to preserve it to avoid
potential court sanction. ]]></description>
			<pubDate>Tue, 05 Aug 2008 09:29:13 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Evolution and Erosion of the Attorney-Client Privilege and Work Product Doctrine]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=559</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=559</link>
			<description><![CDATA[In the wake of recent corporate scandals, both the attorney-client
privilege and work product doctrine are under attack, and there is growing
concern that the protections are facing significant erosion as public and
prosecutors alike clamor for vigorous prosecutions of corporations. The
latest assault is what has lately become a significant tool in a
prosecutor's arsenal in investigating alleged corporate wrongdoing:
corporate waiver of the attorney-client privilege and work product
doctrine.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:28:49 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The China "Military Catch-All" Rule: The U.S. Department of Commerce Proposal to Impose New Restrictions on Exports to China]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=560</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=560</link>
			<description><![CDATA[This past summer the U.S. Department of Commerce proposed a new rule that
would significantly expand the types of commercial products requiring a
license for export to the People&rsquo;s Republic of China, but only where
the products will have a military end-use. Further, despite widespread
criticism from U.S. industry, it appears that the Commerce Department will
implement this new rule in early 2007, perhaps with minor clarifications
and changes. While the actual impact on U.S. exports is unclear, this rule
will de facto require U.S. exporters to take additional due
diligence steps where their products will be exported or re-exported to
China. ]]></description>
			<pubDate>Tue, 05 Aug 2008 09:28:25 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Web Site Owners Should Consider Accessibility In Site Design]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=562</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=562</link>
			<description><![CDATA[As you think about accessibility, site owners may also want to be aware
of a current case making its way through the courts. In National
Federation of the Blind v. Target Corp., plaintiffs allege that
Target is denying blind users access to Target.com by not employing
technology that would allow blind individuals to use the &nbsp;Web site.
The federal district court recently ruled that Target&rsquo;s failure to
make its &nbsp;Web site accessible to blind individuals could
constitute a violation of the Americans with Disabilities Act.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:28:03 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Foreign Corrupt Practices Act: Enforcement Authorities Signal Increased Priority for FCPA Enforcement with Major Speech and Two New FCPA Settlements]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=561</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=561</link>
			<description><![CDATA[The FCPA&rsquo;s antibribery provisions make it unlawful for any issuer,
domestic concern or person acting within the United States to offer or
make a payment of anything of value directly or indirectly to a foreign
official, international organization official, political party, party
official or any candidate for public office, for the purpose of
influencing that official to assist in obtaining or retaining business.
(15 U.S.C. &sect;&sect;78dd-1 to -3.) A covered company can be held liable
for payments made on its behalf by agents or distributors. ]]></description>
			<pubDate>Tue, 05 Aug 2008 09:27:47 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[E-Discovery: Taking Client and Counsel to Task]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=563</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=563</link>
			<description><![CDATA[Do you understand the following sentence? &quot;The computer system in
Schack's office was configured in such a way that the desktop
workstations did not have a 'drive mapping' to that partitioned section
of the hard drive.&quot; Perhaps the defendants and their counsel in
Phoenix Four, Inc. v. Strategic Resources Corp., 2006 U.S. Dist.
LEXIS 32211 (S.D.N.Y.) didn't know what it meant until it was too late,
since they failed to timely produce data from the aforementioned
&quot;partitioned section of the hard drive,&quot; even though they
asserted in discovery that all responsive sources of data and documents
were searched. ]]></description>
			<pubDate>Tue, 05 Aug 2008 09:27:29 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Combating Anti-Corporate Bias In Court]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=564</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=564</link>
			<description><![CDATA[Enron. WorldCom. Vioxx. Kenneth Lay. Bernie Ebbers. Dennis Kozloski.
Document shredding. Underfunded pension plans.&nbsp; This succession of
corporate scandals, coupled with layoffs, negative publicity regarding
executive compensation and a parade of CEO indictments, has created an
unprecedented level of juror hostility toward our large corporate clients.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:27:11 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Preparing for Imminent Changes to Federal and State Court Rules on Electronic Discovery]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=566</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=566</link>
			<description><![CDATA[On December 1, 2006, sweeping changes to the Federal Rules of Civil
Procedure governing the discovery of electronically stored information, or
&quot;e-discovery,&quot; are scheduled to take effect. In response, many
state courts have amended, or are in the process of amending, their
procedural rules regarding e-discovery.1 This means that every
federal court case and many state court cases will require attorneys to
advise their adversaries of the details of their clients' electronic data
and document management systems and, in many instances, to produce
electronically stored information, including company e-mails.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:26:52 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[On-Demand Document Management: Five Tests to See if it's Right for You]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=568</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=568</link>
			<description><![CDATA[A fully-integrated approach to document capture, retention and management
is essential given your need to know &ndash; where content is located, who
has access to it, who may change, copy, or delete it? And during legal
discovery, can all of it be found and locked down? Learn how these
&ldquo;Five Tests&rdquo; can help you evaluate on-demand vs. on-premise
software in managing information assets.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:26:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Trademark Dilution Revision Act of 2006]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=567</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=567</link>
			<description><![CDATA[On October 6, 2006, the Trademark Dilution Revision Act of 2006 (the
&ldquo;2006 Act&rdquo;) was signed by President Bush and immediately
became effective. The 2006 Act amended and replaced the Federal Trademark
Dilution Act (&ldquo;FTDA&rdquo;), which was enacted in 1996. A
thorough understanding of the 2006 Act will be essential to trademark
owners as they assess their options for protecting their rights in famous
marks. Equally important, companies must appreciate the evolving law of
dilution in order to understand their risks in adoption and use of new
marks.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:26:10 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Will Employers and Employees 'Waive' Goodbye to Juries?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=571</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=571</link>
			<description><![CDATA[Jury trial waivers might just be the next &quot;alternative dispute
resolution&quot; trend in employment law, particularly since mandatory
arbitration agreements are not the panacea that many employers hoped for
in the 1990s.  While jury trial waivers have not traditionally been used
in agreements between employers and employees, they are increasingly being
used in the workplace. A result, perhaps, caused by the arbitration
process often proving to be an unsatisfactory double-edged sword for
employers.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:25:53 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Legal Risks Of Blogging]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=570</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=570</link>
			<description><![CDATA[Corporations have begun to view blogs as a valuable tool for many purposes,
including marketing products and services, building good will and brand
loyalty, putting a human face on the corporation, countering negative
publicity, and facilitating communications with current and potential
customers. Some firms have established official corporate blogs or have
formalized policies to encourage employees to set up personal blogs that
can be used, in part, to promote the company. While such blogging can
benefit companies, it also can result in legal liability.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:25:28 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Federal Court Finds Maryland's "Wal-Mart Law" Preempted by ERISA]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=573</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=573</link>
			<description><![CDATA[On July 19, 2006, Judge J. Frederick Motz of the U.S. District Court for
the  District of Maryland ruled that Maryland&rsquo;s so-called
&ldquo;Wal-Mart law,&rdquo; requiring  expenditure of 8% of payroll on
health care, is preempted by the Employee  Retirement Income Security Act
of 1974, 29 U.S.C. &sect; 1001, et seq. (&ldquo;ERISA&rdquo;).
Retail Industry Leaders Association v. Fielder, et al. Civ. No. 
JFM-06-316.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:25:11 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Importance of a Fiduciary in Estate Planning]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=575</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=575</link>
			<description><![CDATA[The most commonly cited reasons for estate planning
are protecting an estate and passing on property to loved ones. Along with
these goals, estate planning can prevent family feuds. Frequently
overlooked and underemphasized, preventing infighting among heirs can be
simple to implement &ndash; yet costly if ignored. There are several ways
to help prevent these uncomfortable situations, including meeting with
your heirs and attorney before and after the estate plan is in place.
]]></description>
			<pubDate>Tue, 05 Aug 2008 09:24:56 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[House Passes Legislation Promoting the Use of Health Information Technology]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=574</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=574</link>
			<description><![CDATA[On July 27, 2006, the U.S. House of Representatives passed HB 4157, which
promotes the use of Health Information Technology (HIT).  It did
so in hopes of improving patient safety and overall quality of care.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:24:32 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Supreme Court Broadens Title VII Retaliation Rule]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=576</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=576</link>
			<description><![CDATA[The U.S. Supreme Court this week expanded what constitutes an unlawful act
of  retaliation in the Title VII context. In a 9-0 decision, the court
defined  &ldquo;retaliation&rdquo; as encompassing employer activities
&ldquo;materially adverse&rdquo; to a  &ldquo;reasonable employee.&rdquo;
The court emphasized the higher level of subjectivity by  adding that
&ldquo;the significance of any given act of retaliation will often depend 
upon the particular circumstances,&rdquo; as well as the guidance that
&ldquo;[c]ontext  counts.&rdquo; Burlington Northern and Santa Fe
Railway Co. v. White, No.  05-259, 2006 U.S. LEXIS 4895 (June 22,
2006).]]></description>
			<pubDate>Tue, 05 Aug 2008 09:24:12 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Delivering Business Results for the Legal Community]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=565</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=565</link>
			<description><![CDATA[SpringCM document management solutions can help you connect, automate, and
optimize critical processes around digital evidence, contracts, accounts
payable and receivable, email, records management and more. ]]></description>
			<pubDate>Tue, 05 Aug 2008 09:11:48 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[SOX Applied to Employee Working Overseas]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=493</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=493</link>
			<description><![CDATA[As the contingent of globally mobile employees increases, the issue of
whether American law, including the Sarbanes-Oxley Act, applies to
American employees while working overseas is receiving greater attention
by the courts. Generally, there are two key
inquiries:Does the law apply directly to the employees,
typically because a sufficient connection exists between the unlawful
conduct and the United States?Although the
unlawful conduct occurred in the foreign jurisdiction, does American law
apply extraterritorially?]]></description>
			<pubDate>Tue, 05 Aug 2008 09:11:27 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Lack of Planning Can Result in Poor Settlements]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=491</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=491</link>
			<description><![CDATA[The federal tax treatment of litigation settlements or judgments and
related legal fees can have a significant impact on the net value of a
settlement or award. Ideally, tax consequences should be considered from
day one of the litigation process. While proper planning can make a good
settlement better, failure to adequately plan can transform an otherwise
good settlement into a bad one or make a bad settlement even worse.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:11:04 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Does the Attorney-Client Privilege Still Exist in Bad Faith Litigation?]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=502</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=502</link>
			<description><![CDATA[The attorney-client privilege is one of the oldest privileges recognized in
the American legal system. It has the important purpose of encouraging full
and truthful communications between attorney and client. Recently, however,
plaintiffs in insurance bad faith cases have asserted that the
attorney-client privilege does not always protect communications from
disclosure when the plaintiff is seeking information concerning an
insurance carrier&rsquo;s handling of a claim. While there is no bad faith
exception to attorney-client privilege, an insurer should be aware that
when it relies on advice of counsel as a defense to bad faith or when its
attorney has acted as a claims adjuster with a law degree during
investigation of the claim, a court may order that communications between
attorney and client be produced.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:10:35 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Mediation - A Way of Resolution]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=555</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=555</link>
			<description><![CDATA[Conflicts are inevitable in life and mediation provides us the
opportunity to resolve conflicts with a minimum of aggravation, cost and
damage to relationships.Mediation accomplishes this by utilizing
the willingness of the parties to find a resolution by mutual benefit.
Environmental disputes, neighbors arguing with one another, business deals
gone wrong, marriages and personal relationships broken, anger in the
workplace or corporate environment, family and elder care concerns are all
areas ripe for mediation.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:08:41 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Public Entities and HIPAA: When Public Information Laws and HIPAA collide]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=577</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=577</link>
			<description><![CDATA[Most public or governmental entities are subject to &ldquo;sunshine&rdquo;
laws that require them to operate in a fashion that is open to public
view. Because those entities are beholden to the taxpayers as their
&ldquo;shareholders,&rdquo; they generally must keep their deliberative
processes and records open to any member of the general public who wants
to observe or review them. Most jurisdictions have open meetings, open
records, and public information or freedom of information acts, and public
entities must meet the requirements of those laws.]]></description>
			<pubDate>Tue, 05 Aug 2008 09:01:11 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Many Shades of Expert Testimony in Insolvency Cases]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=841</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=841</link>
			<description><![CDATA[Congratulations!&nbsp; You have just received a call about being an expert in bankruptcy matter.&nbsp; But what type of case?&nbsp; And what type of expert? &nbsp;&nbsp;Knowing the answers to these basic questions can save you and your potential client a lot of unpleasant surprises down the road. In business insolvency and bankruptcy proceedings, experts are typically utilized to provide opinions on whether a business is viable, the value of the business, or the value of the lender's collateral.]]></description>
			<pubDate>Wed, 30 Jul 2008 14:55:56 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Email Communication Can Be Dangerous During Litigation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=840</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=840</link>
			<description><![CDATA[This story occurs in the spring of 2001, a year I'd dreamed of since elementary school.&nbsp; But the technological changes predicted in the science fiction of my childhood and adolescence are nothing like the "hi-tech" I'm living with now.&nbsp;&nbsp; There are no one-man jets cruising the skies; no robots running my errands or cooking my dinner; no tele-transportation; and, on the political scene, no Big Brother. My personal 2001 "future" is primarily marked by instantaneous access to information and "real time" communication with the late 20th Century's "killer app" - email.&nbsp; Email -- telegraphic, spontaneous, unnuanced, is about to cause a great deal of trouble in my own life.&nbsp;]]></description>
			<pubDate>Wed, 30 Jul 2008 11:45:27 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[When Talks Reach an Impasse, Mediators Work Their Magic]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3227</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3227</link>
			<description><![CDATA[How many times have you heard yourself say to a mediator - "go work your magic"?&nbsp; If the dark arts were available to us, you can be sure we'd use them.&nbsp; Still, there are days ... Not that long ago, I was driving downtown for day two of a mediation over a highly emotional landslide dispute between neighbors of decades' standing. This case has legs. The first landslide had taken place 30 years before, when one of the property owners was only 7 years old. He vividly recalled helping his uncle shore up the wide yard sloping into a canyon on the valley side of the hill, as well as the acrimony that simmered for years over the neighbor's failure to do the same.]]></description>
			<pubDate>Wed, 30 Jul 2008 11:41:02 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[State and Federal Regulations of Summer Jobs for Teenagers]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3178</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3178</link>
			<description><![CDATA[Summer is here and many teenagers will be hitting the workforce to earn a few extra dollars. Companies who hire teenagers should be aware that state and federal law restricts the use of minors or &ldquo;child labor.&rdquo; The laws apply to &ldquo;minors.&rdquo; The California Labor Code defines &ldquo;minors&rdquo; as people under the age of 18 who are required to attend school. The definition also includes people under age 18 who are not required to attend school because they are not California residents. The definition also covers any child under the age of six.]]></description>
			<pubDate>Wed, 30 Jul 2008 00:00:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Tenth Circuit Addresses Selective Waiver of Attorney-Client Privilege]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=579</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=579</link>
			<description><![CDATA[Joining a growing list of Circuit Courts, the Tenth Circuit in In re
Qwest Communications International Inc. Sec. Litig., CV No.
06-1070 (10th Cir., June 19, 2006), rejected Qwest&rsquo;s argument that
it did not have to produce 220,000 privileged documents in a class action
lawsuit where the company had previously produced the documents to the SEC
and DOJ pursuant to confidentiality agreements that expressly provided for
a &ldquo;selective&rdquo; or &ldquo;limited&rdquo; waiver.  The Court
found that the District Court was within its discretion when it declined
to adopt a rule of &ldquo;selective&rdquo; or &ldquo;limited&rdquo; waiver
which would allow production of attorney-client privileged and work
product documents to the DOJ and SEC during the course of agency
investigations without waiving protection for those materials as to
third-party litigants.]]></description>
			<pubDate>Tue, 15 Jul 2008 10:54:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Electronic Discovery: Change Is In The Wind]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=572</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=572</link>
			<description><![CDATA[After more than five years of study, the United States Judicial
Conference&rsquo;s Advisory Committee on the Federal Rules of Civil
Procedure (the &ldquo;Committee&rdquo;) has proposed a series of Rule
amendments to address some of the characteristics of e-discovery that
distinguish it from traditional paper discovery: its enormous volume, its
dynamic nature, and the fact that &ldquo;electronically stored information
may be incomprehensible when separated from the system that created
it.&rdquo; Report of the Civil Rules Advisory Committee to the Standing
Committee on Rules of Practice and Procedure, Rev. July 25, 2005
(&ldquo;Committee Report&rdquo;).]]></description>
			<pubDate>Tue, 15 Jul 2008 10:53:43 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Five Common Mistakes Lawyers Make In Electronic Discovery]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=569</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=569</link>
			<description><![CDATA[Almost every business communicates or does business electronically thereby
creating electronically stored information (in some cases, huge amounts)
that may be relevant in a business lawsuit. Lawyers representing
businesses must be prepared at the outset of a lawsuit to properly advise
their clients how to preserve, gather, and disclose relevant
electronically stored information and know how to obtain the opposing
party's electronically stored data or risk creating problems that will be
devastating to their clients' defenses against lawsuits.]]></description>
			<pubDate>Tue, 15 Jul 2008 10:53:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Ten Things You Need To Know About Electronic Documents and Electronic Discovery]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=578</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=578</link>
			<description><![CDATA[Preservation, recovery and production of electronic documents increasingly
consume attorney time, litigation budgets and in-house counsel resources.
Our &ldquo;pack rat approach&rdquo; to dealing with electronic documents
has expanded litigant searches for &ldquo;smoking gun&rdquo; evidence.
Further, the burden of dealing with electronic documents is eclipsed by
the risk associated with failure to properly preserve and produce
e-documents. The focus of the case can shift from the merits to the
conduct of counsel, in-house counsel and the ultimate client.]]></description>
			<pubDate>Tue, 15 Jul 2008 10:53:04 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Audits, Reviews, and Compilations, Oh My!]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=581</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=581</link>
			<description><![CDATA[Accountants&rsquo; liability cases can pose difficult questions regarding
whether the certified public accountant (CPA) carried out his or her
professional responsibilities appropriately.  In ascertaining liability,
attorneys need to know which type of engagement the CPA has performed and
the respective professional standards the CPA must meet.  Authors Carol
Kone and Jennifer Johnston explain the differences among audit, review,
and compilation engagements and the associated levels of assurance
provided by the CPA. ]]></description>
			<pubDate>Tue, 15 Jul 2008 10:52:47 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Don't Wait Until It's Too Late: What You Need to Know Now About Preserving Electronic Evidence]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=580</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=580</link>
			<description><![CDATA[Ninety-eight percent of information created today is digital and stored
electronically. The displacement of tangible documents by electronic ones
has caused a great deal of confusion in our legal system, specifically in
the practice and procedure of litigation. ]]></description>
			<pubDate>Tue, 15 Jul 2008 10:52:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[When the Insurance Coverage Case Goes to Trial: Top 10 Jury Trial Pointers]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=582</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=582</link>
			<description><![CDATA[In an insurance recovery case involving environmental liabilities, a jury
in Summit County, Ohio recently returned a $42 million verdict, plus
attorneys&rsquo; fees, in favor of Goodrich Corporation and against
certain insurance companies. After a two month trial, the jurors
unanimously found that various London Market insurers and Commercial Union
Insurance Company were liable for breach of the insurance contracts, and
seven of the eight jurors found that Commercial Union had acted in bad
faith in handling Goodrich&rsquo;s claim. This article outlines ten steps
for successfully trying a lengthy, complex insurance coverage case to a
jury. ]]></description>
			<pubDate>Tue, 15 Jul 2008 10:52:06 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Trademarks and the Law]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=585</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=585</link>
			<description><![CDATA[Trademark registrations continue to rise as companies
seek to protect their rights and as individuals expand their
entrepreneurial enterprises. Use of the Internet and alternative media is
rapidly changing the accessibility of information, and further expanding
the issues surrounding trademark law. Understanding the key components of
trademark law can help you and your company avoid costly legal
battles.]]></description>
			<pubDate>Tue, 15 Jul 2008 10:51:40 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Armored Truck Company Has Ironclad Defense to Disability Claim]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3179</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3179</link>
			<description><![CDATA[Employers frequently experience the following scenario: Employee is suspected of wrongdoing. Employer investigates and decides to terminate Employee. At the eleventh hour, before he is fired, he claims that he is injured and disabled. He files a workers&rsquo; compensation claim. Employer wants to fire Employee, but is concerned about the appearance of discrimination and retaliation. Has the employee trapped the employer?]]></description>
			<pubDate>Tue, 15 Jul 2008 00:00:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Request for Coffee Prompts Employee to Sue for Sexual Harassment]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3180</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3180</link>
			<description><![CDATA[Tamara Klopfenstein was a part-time receptionist for National Sales &amp; Supplies for six weeks. During her employment, two vice presidents regularly asked her to bring them coffee. Her job description did not reference coffee service. However, she was told in her job interview that her supervisors did expect her at times to get them coffee. The individuals who held the position of receptionist before Ms. Klopfenstein were required to do so, and they performed the task without objection.Ms. Klopfenstein, however, did object to serving coffee. Harassment?]]></description>
			<pubDate>Mon, 30 Jun 2008 13:02:42 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Tortilla Maker Accused of Religious Intolerance Against Muslim Workers]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=3177</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=3177</link>
			<description><![CDATA[As reported in the Minneapolis Star Tribune on May 28, 2008, a group of Muslim workers allege they were fired by a Mission Foods tortilla factory for refusing to wear uniforms that they say were immodest by Islamic standards. Employers are reminded, by this example, of their obligation to reasonably accommodate religious beliefs and practices.]]></description>
			<pubDate>Mon, 30 Jun 2008 13:02:40 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Hidden HIPAA Hurdles]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=584</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=584</link>
			<description><![CDATA[Implementing the HIPAA                                      Privacy Rule
may seem like ancient history                                      for
many physician practice managers: drafting                                
     notices of privacy practices, entering into                          
           business associate agreements, adopting policies               
                      and procedures, and the like. While it was          
                           three years ago next month that the HIPAA      
                               Privacy Rule became effective for providers
                                     such as hospitals and physicians, and
only                                      last April that the HIPAA
Security Rule did                                      so, barely half of
all providers surveyed                                      currently
claim to be fully compliant with                                      the
Security Rule and there remains a lot                                     
of confusion regarding how each such provider                             
        may fall under the category of a &ldquo;Covered                   
                  Entity&rdquo; under HIPAA.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:37:14 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Less of a Waiting Game: The 2005 Bankruptcy Act and Commercial Landlords]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=583</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=583</link>
			<description><![CDATA[While making bankruptcy more difficult for debtors and their attorneys, the
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 also
created significant changes for commercial landlords dealing with debtor
tenants. The amendments, which became effective October 17, 2005, mean
additional hardships for debtors, but provide landlords with greater
advantages, most notably in regards to how long they must wait for an
answer on lease assumptions or terminations. &nbsp; ]]></description>
			<pubDate>Mon, 30 Jun 2008 11:36:42 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[What You Can Learn from Benchmarking, Industry Research and Financial Analysis.]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=586</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=586</link>
			<description><![CDATA[So you&rsquo;ve just received your 2005 financial statements and are now
wondering what to do with them. If you are like many business owners, you
don&rsquo;t have the time to review these statements with the detail
required to fully understand your company&rsquo;s financial performance.
More often than not, business owners give the statements a quick scan and
then file them away without thinking about them again until the bank
requests a copy.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:32:50 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Establishing a Special Needs Trust]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=588</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=588</link>
			<description><![CDATA[A disabled child, spouse, or parent often has unique
and long-term needs that are not provided for by Medicaid and other
government benefit programs. To meet these needs, it may be wise to
consider establishing a Special Needs (or Supplemental Needs) Trust. A
Special Needs Trust can be used to set aside funds for many purposes,
including medical care, therapy, education, training, companionship, and
other benefits that public assistance might not fund.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:32:32 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Upcoming E-Discovery Amendments to the Federal Rules of Civil Procedure]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=589</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=589</link>
			<description><![CDATA[After a development process spanning more than five years, the Judicial
Conference&rsquo;s Advisory Committee for the Federal Rules of Civil
Procedure has approved proposed amendments to the Rules which will
fundamentally alter how electronic discovery is conducted in federal
courts. The proposed changes await expected Supreme Court and
congressional approval, and likely will take effect on December 1, 2006.
While several changes simply bring the Rules in line with actual practice
in the &ldquo;electronic age,&rdquo; there are some new provisions &ndash;
in particular amendments to Rules 26, 34, and 37 &ndash; which could
greatly impact businesses of any size.  ]]></description>
			<pubDate>Mon, 30 Jun 2008 11:10:40 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[HIPAA Electronic Security: Small Health Plan Compliance Date Approaching]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=590</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=590</link>
			<description><![CDATA[The Health Insurance Portability and Accountability Act of 1996
(&ldquo;HIPAA&rdquo;)  requires group health plans to protect the
confidentiality of participant health  information. This requirement is
implemented primarily through the HIPAA privacy  rules, which govern the
use and disclosure of protected health information.  However, it is also
implemented through the HIPAA electronic security rules,  which require
group health plans to protect the confidentiality, integrity, and 
availability of &ldquo;electronic protected health information&rdquo;
(&ldquo;ePHI&rdquo;) that they  create, receive, maintain, or transmit.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:10:20 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Credibility Is Everything in a Jury Trial]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=587</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=587</link>
			<description><![CDATA[In a jury trial, credibility is everything.  Yes, the law matters.  But at
the end of the day, jurors remember facts, not law.  They remember the
witness who lied to them, more than any witness who told the truth.  And
because jurors are suspect of lawyers, the trial lawyer must avoid any
move that reinforces the jurors&rsquo; distrust.  A recent trial
illustrates these points.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:10:05 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[More Positive Feedback for Creditors from the 2005 Bankruptcy Act]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=591</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=591</link>
			<description><![CDATA[The new Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,
effective for most provisions on October 17, 2005, continues to benefit
creditors in many ways. Those dealing with unpaid invoices or owed wages
should consult with their attorneys to take advantage of the new
pro-creditor amendments.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:08:53 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Make sure IT is Recoverable]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=593</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=593</link>
			<description><![CDATA[There are many forms of disasters that can have different levels of actions
needed to be taken before, during, and after disruption of business
operation. The different forms of disaster can be natural, intentional, or
accidental. The top ten disasters are software/hardware, power outage,
fire, flood, earthquake, hurricane, bomb, snow/wind storm, network
failure, and fire contamination. This article will focus on the IT
perspective of disaster preparedness for a law firm.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:08:31 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Pending Changes for E-Discovery]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=592</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=592</link>
			<description><![CDATA[When Congress amended the Federal Rules of Civil Procedure in 1970 to add
&rdquo;data compilations&rdquo; to the definition of
&rdquo;documents&rdquo; in Rule 34(a), no one could have foreseen the
explosion of electronic information in the years that followed. While it
is clear that electronic documents are discoverable in civil litigation,
courts and litigants have struggled with applying the existing rules of
discovery to new sources of electronic information, such as e-mail
servers, computer disks, backup tapes, &rdquo;deleted&ldquo; files and
handheld devices.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:08:15 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Fraud in America]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=595</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=595</link>
			<description><![CDATA[In a recent report released by the Association of Certified Fraud
Examiners, it&rsquo;s estimated that U.S. organizations are suffering
losses of $660 billion annually due to fraudulent activity. Put into
perspective, that sum exceeds the budget for the U.S. Department of
Defense.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:08:00 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Three Critical Questions Regarding Trade Secrets]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=594</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=594</link>
			<description><![CDATA[Many people are under the misimpression that a trade secret needs to be
something akin to the secret recipe of herbs and spices for Kentucky Fried
Chicken. However, the truth is that trade secrets come in many different
varieties, including customer and pricing information, computer programs
and databases, as well as formulas, devices, methods, techniques, and
processes. ]]></description>
			<pubDate>Mon, 30 Jun 2008 11:07:45 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Exempt Organization Information Returns to Require Additional Disclosures About Board Members, Key Employees and Contractors]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=597</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=597</link>
			<description><![CDATA[The draft of the 2005 Form 990 information return released by the IRS in
October includes new questions that will require tax-exempt organizations
to disclose additional information about their relationships with current
and former directors, officers, key employees and independent contractors.
The new questions will also require disclosure of business and family
relationships that may exist among those individuals and entities. Many
exempt organizations may not currently be collecting all the information
necessary to provide accurate answers to these questions. ]]></description>
			<pubDate>Mon, 30 Jun 2008 11:07:25 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Impact of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 on the Family Law Practitioner]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=596</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=596</link>
			<description><![CDATA[ The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
(&ldquo;BAPCPA&rdquo;) was enacted on April 20, 2005, when it was signed
into law by President George W. Bush. The enactment of BAPCPA brought to
an end a turbulent decade-long legislative reform initiative, the end
product of which represents &ldquo;one of the most comprehensive overhauls
of the Bankruptcy Code in more than twenty-five years.&rdquo; This
overhaul significantly changes consumer bankruptcy law by imposing many
new requirements on debtors before bankruptcy relief will be granted.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:06:52 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Real Estate Bankruptcies: When the Bubble Eventually Bursts - Part II]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=599</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=599</link>
			<description><![CDATA[            Part One of this Article explored some of the possible
bankruptcy implications of a real estate slowdown.  It began with the
premise that a slowdown would be triggered, among other things, by
increasing interest rates and would be characterized by lagging sales and
declining prices.  Part One examined how a slowdown will impact the pace
of real estate bankruptcies, recovery of interest, fees and costs in
bankruptcy and disputes over adequate protections of collateral and relief
from the automatic stay.  Part Two concentrates on the culminating event
in every bankruptcy reorganization, the reorganization plan, and how a
real estate slowdown will impact plan content and strategy.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:06:24 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Importance of Selecting an Arbitrator with Industry Expertise]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=598</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=598</link>
			<description><![CDATA[Practitioners in many industries that generate not only large amounts of
products, but also large amounts of litigation, have long recognized the
usefulness of alternative dispute resolution (ADR) for its efficiency,
speed and cost-effectiveness in managing conflict and settling
disputes.&nbsp;&nbsp; In addition to the obvious benefits of reduced costs
and delays, however, one particular advantage of ADR often overlooked for
industry-specific cases is the ability of parties to select an arbitrator
who has extensive expertise in that industry.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:02:26 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Increase in Litigation Technology Saves Clients Time, Money, Improves Presentation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=601</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=601</link>
			<description><![CDATA[During the last decade, we have seen exponential growth in information
management and data presentation technology in the litigation arena. What
once occupied a &ldquo;war room&rdquo; with boxes of documents, deposition
transcripts, summaries, and foamboard enlargements, now fits on a small
laptop computer, making it mobile and easily modified.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:01:58 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Eight Tips for Drafting Better Arbitration Clauses]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=600</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=600</link>
			<description><![CDATA[Do you have a typical arbitration clause that you like to use in your
contracts? Consider these eight ways of improving the prospective
agreement to arbitrate a dispute:]]></description>
			<pubDate>Mon, 30 Jun 2008 11:01:13 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Impact of The Walt Disney Corporation Derivative Litigation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=603</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=603</link>
			<description><![CDATA[On August 9, 2005, in The Walt Disney Company Derivative Litigation, the
Delaware Chancery Court, after a 37-day trial, ruled in favor of the
directors of The Walt Disney Company, finding that they did not violate
their fiduciary duty of good faith. The plaintiffs in the litigation were
shareholders who sued derivatively on behalf of the corporation. They
sought damages from the directors in the amount by which the compensation
paid to Michael Ovitz under his employment agreement (the &quot;OEA&quot;)
was &quot;excessive.&quot; The court did not indicate the amount that it
would have found to have been excessive if the plaintiffs had won, but it
could easily have been in the tens of millions of dollars. If the court
had found that the defendant directors did not satisfy their duty of good
faith, they would have been personally liable to Disney for the excessive
compensation.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:00:55 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Logic On Appeal (Part 2)]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=602</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=602</link>
			<description><![CDATA[Logicians divide logical reasoning into two categories: inductive and
deductive. Inductive reasoning is based on generalizing from our existing
knowledge or experience. David Kelley, The Art of Reasoning 453 (1998).
The premises &ldquo;of an inductive argument are not offered as
conclusive evidence for the truth of their conclusions, but as
evidence for the likelihood or reasonable probability of
the conclusion&rsquo;s truth.&rdquo; Douglas Lind, Logic and Legal
Reasoning 9 (2001). Inductive reasoning generally takes one of two forms,
inductive generalization or reasoning by analogy. Id.]]></description>
			<pubDate>Mon, 30 Jun 2008 11:00:37 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Loss of Privilege--Sharing Information with Expert Witnesses]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=604</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=604</link>
			<description><![CDATA[Experts have become almost as common as attorneys in commercial litigation.
Oftentimes, these experts become integral parts of a legal team, offering
not only opinions but insights into the strategic direction of the case.
This close relationship raises the question, &ldquo;Can confidential
information be shared with an expert who will be testifying at the
eventual trial?&rdquo;]]></description>
			<pubDate>Mon, 30 Jun 2008 11:00:10 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The New Bankruptcy Law And A Surprise Consequence]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=606</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=606</link>
			<description><![CDATA[Much has been written about the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005, especially about how much more difficult and
expensive it will be for debtors and for debtors&rsquo; attorneys to
represent debtors.&nbsp; Most of the Act becomes effective on October 17,
2005.&nbsp; Some provisions, however, did take effect when the President
signed the Act on April 20, 2005.&nbsp; The provisions that took effect on
April 20, 2005, mostly are directed to perceived abuses concerning
pre-bankruptcy planning and especially enhancement of the homestead
exemption.]]></description>
			<pubDate>Mon, 30 Jun 2008 10:59:29 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[Real Estate Bankruptcies: When the Bubble Eventually Bursts]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=605</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=605</link>
			<description><![CDATA[In an environment marked by rapidly escalating real estate values, readily
available and cheap financing and quick sales, it is difficult to imagine,
let alone to plan for, a real estate collapse. Yet, that is precisely the
concern of some industry experts. Even Alan Greenspan has commented on
what he considers an overheated real estate market and the potential for a
bursting of the bubble. Although the precise timing and extent are
unknown, a correction in the real estate market is inevitable.]]></description>
			<pubDate>Mon, 30 Jun 2008 10:59:10 CDT</pubDate>
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		<item>
			<title><![CDATA[Logic On Appeal (Part 1)]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=607</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=607</link>
			<description><![CDATA[The training of lawyers is a training in logic. The process of analogy,
discrimination, and deduction are those in which they are most at home.
The language of judicial decision is mainly the language of logic. Oliver
Wendell Holmes, The Path of the Law, 10 Harv. L. Rev. 457 (1897)
at 167 of The Essential Holmes (Richard A. Posner ed., 1992).]]></description>
			<pubDate>Mon, 30 Jun 2008 10:58:24 CDT</pubDate>
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		<item>
			<title><![CDATA[Before You Hit Send:  What the CAN-SPAM Act Means to Lawyers]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=608</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=608</link>
			<description><![CDATA[Attorneys, like everyone else, are constantly bombarded by unsolicited bulk
e-mail, or &ldquo;spam,&rdquo; ranging from scam stock tips to, well,
products that would make Hugh Hefner blush.&nbsp; You probably curse the
sender, hit delete, and then promptly start your daily e-mailing of your
clients and colleagues.&nbsp;&nbsp; Do you ever stop to consider whether
you are being cursed by your recipients for sending spam?&nbsp; Moreover,
did you know you could be in violation of federal law?]]></description>
			<pubDate>Mon, 30 Jun 2008 10:57:43 CDT</pubDate>
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		<item>
			<title><![CDATA[Be Smart In Your Litigation Defense]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=609</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=609</link>
			<description><![CDATA[WE'RE BEING SUED. Sooner or later, every corporate counsel has to announce
that news to management. What follows, typically, is a well-rehearsed
drill: In-house counsel reviews the complaint, talks to the employees who
dealt with the plaintiff, and gathers key documents. Armed with this
information, counsel taps an outside law firm to defend the suit, sends
the background information to the firm, and discusses a defense strategy
and an overall budget.]]></description>
			<pubDate>Mon, 30 Jun 2008 10:57:31 CDT</pubDate>
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		<item>
			<title><![CDATA[FY 2006 H-1B Cap Reached]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=611</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=611</link>
			<description><![CDATA[U.S. Citizenship and Immigration Services (&ldquo;USCIS&rdquo;) announced
that as of August 10, 2005 it had received enough H-1B petition filings to
reach the Congressionally mandated cap for the issuance of new H-1B visas
for FY 2006 (October 1, 2005 to September 30, 2006) to individuals who did
not graduate with a Master&rsquo;s or higher degree from a U.S.
institution of higher education.]]></description>
			<pubDate>Mon, 30 Jun 2008 10:57:21 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[How to Hire the Ideal Paralegal or Legal Secretary]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=610</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=610</link>
			<description><![CDATA[Solo practitioners, for the most part, are computer literate and have the
ability to manage most of&nbsp;their administrative and/or secretarial
tasks without having to hire a full-time employee. A common perception
among solo practitioners is akin to the lone ranger &ndash; thinking that
if the job is to be done right, it must be done alone and without anyone
else&rsquo;s help.]]></description>
			<pubDate>Mon, 30 Jun 2008 10:57:11 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[American Bar Association (ABA) Ethics Committee Issues Formal Opinions On Conflicts Of Interest In Probate And Insurance Areas]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=613</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=613</link>
			<description><![CDATA[Lawyers should note two formal ethics opinions that the ABA Standing
Committee on Ethics and Professional Responsibility has issued
recently.&nbsp; The first opinion examines a conflict-of-interest issue
especially relevant to general practitioners and probate lawyers.&nbsp;
Let&rsquo;s say you&rsquo;ve done legal work for Testator and members of
his family for several years.&nbsp; Testator asks you to draw a will
disinheriting Beneficiary, whom you (or your firm) currently represent in
a landlord tenant dispute.&nbsp; Can you accept the engagement from
Testator?&nbsp; Or does your concurrent representation of Beneficiary in
an unrelated matter create a disabling conflict of interest under your
state&rsquo;s version of Model Rule 1.7(a)? ]]></description>
			<pubDate>Mon, 30 Jun 2008 10:57:01 CDT</pubDate>
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		<item>
			<title><![CDATA[Gain Credibility While Accurately Telling Your Client's Story]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=612</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=612</link>
			<description><![CDATA[Writing an effective statement of facts is one of the most difficult
aspects of advocacy. But it is critically important to the success of a
brief. It is often the first-read section. And, as such, it establishes
the tone and credibility of the author. Judge Aldisert recognized this and
cautioned that &ldquo;appellate judges may form their first, and probably
their most lasting, impression of your side of the case from your
statement of facts.&rdquo; Ruggero J. Aldisert, Winning on Appeal:
Better Briefs and Oral Advocacy, 155 (1992).]]></description>
			<pubDate>Mon, 30 Jun 2008 10:56:52 CDT</pubDate>
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		<item>
			<title><![CDATA[Forensic Animation]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=615</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=615</link>
			<description><![CDATA[Computer generated 3-D animation of events that occurred during an
accident, fire or crime, are being widely used to demonstrate to jurors
what the expert determined actually happened. A 3-D visualization presents
technical and complex information to a jury in a clear way, enabling them
all to &ldquo;see&rdquo; the facts of the case as the attorney does.
Recently, the growth in measurement technology has greatly
increased the accuracy and realism available to the forensic animator.
Combining this accuracy with laser-assisted photogrammetry is enabling
experts, working closely with forensic animators, to accurately
reconstruct events that would have been impossible or financially
prohibitive, a few years ago. This high level of accuracy also greatly
increases the probability of the animation being admitted into court as
evidence.]]></description>
			<pubDate>Mon, 30 Jun 2008 10:56:36 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[NASD Advertising Rule Proposal Draws Fire From Member Firms]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=614</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=614</link>
			<description><![CDATA[A proposal by the NASD to vastly expand the number and types of securities
advertisements that would be subject to review prior to being run or
published has drawn fire from member firms. &ldquo;We are
concerned&hellip;that the breadth of the proposal will lead to significant
delays in the dissemination of fund advertisements,&rdquo; stated the
Investment Company Institute in comments reflecting the sentiment of many
firms.]]></description>
			<pubDate>Mon, 30 Jun 2008 10:56:12 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The New, More Stylish Federal Rules]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=617</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=617</link>
			<description><![CDATA[In a little noticed development, the federal rules advisory committee has published for comment a complete rewrite of the Federal Rules of Civil Procedure. The goal is to simplify and clarify the rules, without changing substantive meaning.]]></description>
			<pubDate>Mon, 30 Jun 2008 10:56:03 CDT</pubDate>
		</item>
		<item>
			<title><![CDATA[The Electronic Battle: Print vs. Online]]></title>
			<guid>http://www.informlegal.com/articles/view.php?article_id=616</guid>
			<link>http://www.informlegal.com/articles/view.php?article_id=616</link>
			<description><![CDATA[In a world where computer databases are fast replacing legal books, and blogs (and now podcasts) are beginning to replace in-person lectures as a means of obtaining up-to-date legal news and views, it is interesting that books like Ron Mallen and Jeffrey M. Smith&rsquo;s &ldquo;Legal Malpractice&rdquo; have survived.]]></description>
			<pubDate>Mon, 30 Jun 2008 10:55:54 CDT</pubDate>
		</item>
	</channel>
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