From the category archives:

Miscellaneous

In Search of the Perfect Search

April 3, 2009

The issues associated with Electronically Discoverable Information (ESI) hang over the legal profession like the threat of Katrina II hangs over New Orleans. Lets face it: most judges and attorneys would do anything to avoid confronting the complexities of ESI. However, judges are good at forcing lawyers to face up to bad stuff, so it’s

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Can I Say That? Based on the First Circuit's Interpretation of a 1902 Law, Maybe Not

March 3, 2009

It’s perfectly monstrous the way people go about nowadays saying things against one, behind one’s back, that are absolutely true” Oscar Wilde “Gossip needn’t be false to be evil – there’s a lot of truth that shouldn’t be passed around.” Frank A Clark “The defendant in an action for writing or for publishing a libel

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Patent Case Management Judicial Guide

February 18, 2009

A number of private-practice lawyers, along with an extensive Judicial Advisory Board, have published a Patent Case Management Judicial Guide. The document is labeled “draft,” but it appears final in most respects, and is freely available for use. Perhaps the authors are using the term “draft” in the same way that Google uses the term

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Dispatches From an Innovation Tour of India

February 5, 2009

If you’re fascinated with India, as I am, there’s an interesting series of articles described as an “innovation tour,” of India by Vinit Nijhawan, Executive-in-Residence in the Boston University School of Management. In a series of “dispatches” Nijhawan “takes readers on a journey, from New Delhi’s teeming cell phone (and cell phone unlocking) marketplace to

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David Moran on IRC 409A

December 13, 2008

My partner David Moran has written a Client Advisory on some of the issues associated with Internal Revenue Code §409A, which has a major impact on complex compensation arrangements. Supplemental executive retirement plans, voluntary deferral plans and equity plans are just a few of the compensation plans that are affected by this law. As the

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Illinois Governor Rod Blagojevich Forgot This Important Rule of Discretion

December 12, 2008

“Never write if you can speak; never speak if you can whisper; never whisper if you can nod; and never nod if you can wink.” Martin Lomasney (1859-1933) Massachusetts State Senator, State Representative, Alderman and Ward Boss of Boston’s Ward Eight. Share This:TwitterFacebookStumbleUponDiggDelicious

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Linux.com Interview of Andy Updgrove

November 15, 2008

Linux.com, one of the leading open source software web sites, recently interviewed my partner, Andy Updegrove, and wrote a very complementary article (part of its Portrait Series). The article focuses on Andy’s involvement with open source software, and also touches on many highlights in Andy’s career, including the role he played in the creation of

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Judge Young on Employee Breach of Fiduciary Duty Claims, Interference With Contract and Pleading

September 3, 2008

U.S. District Court Judge William Young’s recent decision in Talentburst, Inc. v. Collabera, Inc. is worth study. Talentburst is the former employer of Raj Pallerla. While employed by Talentburst, Pallerla signed a noncompete agreement with Talentburst. He then resigned and went to work for Collabera, Inc. For ease of reading I’ll refer to these three

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Jacobsen v. Katzer

August 22, 2008

“Trust me, this is huge.” Larry Lessig My partner Andy Updegrove has written a post discussing Jacobsen v. Katzer. In a nutshell, theCAFC upheld an open source copyright license, pointing to the work of Creative Commons and others. As Andy discusses, this is an important decision for the open source movement. Update: Here is a

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