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Monthly Archives: June 2007

Civil Procedure – Discovery – Counsel Opinions – Patent Case (access required)

In this patent infringement case involving a bone cleansing process with clinical application, in which defendant Musculoskeletal Transplant Foundation intends to rely on an advice-of-counsel defense, plaintiff LifeNet is entitled to discover documents or opinions embodying or discussing a communication ...

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Contract – Gas Station Franchise – Restrictive Covenant (access required)

A district court rejects a gas station owner’s effort to get out of a restrictive covenant that requires the station to buy BP gas through a particular distributor. Plaintiffs Double Diamond Properties LLC and Cypress Point Citgo Inc. own and ...

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Administrative – Admiralty – Jones Act – 'Rebuilt' Vessel – Final Agency Action (access required)

A district court has no subject matter jurisdiction to consider a challenge to the U.S. Coast Guard’s preliminary determination that the container vessel modifications proposed by intervenor-defendant Matson Navigation Company, to be performed outside the U.S., would constitute foreign “rebuilding” ...

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Bankruptcy – Voidable Transfer – Piercing Corporate Veil – Ch. 7 (access required)

A bankruptcy trustee for an accountant’s bankrupt accounting practice cannot recover from the accountant’s wife, who served as president and sole shareholder of the corporation to which the accountant transferred his bankrupt practice and who later divorced the accountant. The ...

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Intellectual Property – Attorney's Fees – 'Exceptional Case' (access required)

In this patent infringement litigation in which the district court found inequitable conduct by plaintiff, a review of the record reveals that it would be grossly unjust for defendant to be left to bear the burden of its own counsel ...

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Law vs. a life: Stanford students seek reforms at major law firms (access required)

Seeing ahead of them a work life potentially centered on accumulating billable hours to the detriment of their personal lives, more than 100 students from some top U.S. law schools want to change the way law is practiced at major ...

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Coaching for success or managing for survival? (access required)

I often quote a former practice advisor for the Law Society of Alberta, Paul McLaughlin, who suggests that all receptionists should be viewed as “Managers of First and Last Impression.” I could not agree more, as our receptionists are the ...

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How to use bonuses for rewarding staff (access required)

A client recently called me with a good problem. The office administrator of his firm was someone who, as the lawyer said, “takes more initiative than anyone I’ve ever had around here.” That ranged from volunteering to making collection phone ...

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