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Legal Updates

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Preservation Obligations for Text Messages and Instant Messages

January 27, 2017

Courts are starting to recognize that “texting has become the preferred means of communication.”

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Proposed Amendments to Federal Rule of Evidence 902 Will Impact Collection of Electronically Stored Information

January 27, 2017

To establish that an item of evidence is authentic, a proponent must produce sufficient evidence “to support a finding that the item is what the proponent claims it is.” 

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Designing into Patent Protection: Proactively Protecting the Replacement Component

January 26, 2017

Replacement components can be big business. However, the replacement component market may quickly become crowded with competitors attracted by lucrative profit margins.

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Do Not Waive Privilege After Declining to Assert the Advice of Counsel Defense

January 25, 2017

Parties facing allegations of willful patent infringement can rebut the claim by proving that they relied in good faith upon the advice of counsel when undertaking the allegedly infringing activity but at a heavy cost.

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Inside High Court Argument on Offensive Trademarks

January 25, 2017

On Jan. 18, 2017, the U.S. Supreme Court heard oral argument in Lee v. Tam to decide whether the Trademark Act’s prohibition on registering “disparaging” marks violates the First Amendment.

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Court Rejects Preliminary Challenge to Minneapolis Sick Leave Ordinance but Limits its Reach

January 24, 2017

A Hennepin County district court judge issued its first substantive ruling in the legal challenge to the Minneapolis Sick and Safe Time Ordinance, largely denying the Chamber of Commerce’s request to halt enforcement of the ordinance.

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Employers Must Use New “Smart” Form I-9 on January 22, 2017

January 19, 2017

On November 14, 2016, USCIS issued a revised version of the I-9, Employment Eligibility Verification Form. 

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Civil Procedure Quiz: What Rule Applies to Motions to Amend Pleadings?

January 18, 2017

If you read past the title, you are a civil procedure nerd. The answer for you is as easy as two plus two.

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Healthcare Sector is Newest Target for Website Accessibility Lawsuits

January 18, 2017

The sharp rise of website accessibility litigation and demands that impacted retail, fast-food, financial organizations, banks and education sectors in 2015 and 2016 has expanded to target the healthcare industry.

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When is an Audit an Audit? Dealing with the ND Tax Commissioner

January 18, 2017

No one wants to be audited, but there may be instances in which it is important to make sure that you are actually subject to an audit to ensure that your rights are protected.

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