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Recent Articles from Deborah Elkins
Contract – Software – License Agreement – Reverse Engineering – Civil Practice – Res Judicata – Injunctive Relief
SAS Institute, Inc. v. World Programming Ltd. (Lawyers Weekly No. 001-189-17, 34 pp.) (J. Harvie Wilkinson III, J.) No. 16-1808; Oct. 24, 2017; USDC at Raleigh, N.C. (Louise Flanagan, J.) […]
Constitutional – First Amendment – Establishment Clause – War Memorial – 40-Foot Cross
American Humanist Association v. Maryland-National Capital Park & Planning Commission (Lawyers Weekly No. 001-188-17, 48 pp.) (Stephanie Thacker, J.) (Roger Gregory, C.J., concurring in part & dissenting in part) No. […]
Labor & Employment – Public Employees – Constitutional – Free Speech & Association – Assistant State’s Attorney
Borzilleri v. Mosby (Lawyers Weekly No. 001-187-17, 13 pp.) (J. Harvie Wilkinson III, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (J. Frederick Motz, S.J.) 4th Cir. Holding: […]
Constitutional – Freedom of Speech – Circus Protestors – Designated Areas – Prior Decision
Lucero v. Early (Lawyers Weekly No. 001-186-17, 10 pp.) (Stephanie Thacker, J.) No. 16-1767; Oct. 13, 2017; USDC at Baltimore, Md. (J. Frederick Motz, S.J.) 4th Cir. Holding: In Ross […]
Zoning – Constitutional – Due Process & Equal Protection – Self-Storage Project – Proximity to School
Siena Corp. v. Mayor & City Council of Rockville Maryland (Lawyers Weekly No. 001-185-17, 17 pp.) (J. Harvie Wilkinson III, J.) No. 16-1732; Oct. 13, 2017; USDC at Greenbelt, Md. […]
Criminal Practice – Sentencing – Prior Conviction – Crime of Violence – W.Va. Aggravated Robbery
United States v. Salmons (Lawyers Weekly No. 001-184-17, 10 pp.) (J. Harvie Wilkinson III, J.) No. 16-4316; Oct. 12, 2017; USDC at Charleston, W.Va. (Thomas Johnston, C.J.) 4th Cir. Holding: […]
Civil Practice – Appeals – Interlocutory – Amended Complaint – Admiralty
Fawzy v. Wauquiez Boats SNC (Lawyers Weekly No. 001-183-17, 10 pp.) (Paul Niemeyer, J.) No. 16-2311; Oct. 12, 2017; USDC at Baltimore, MD (Richard Bennett, J.) 4th Cir. Holding: Roughly […]
Environmental – State Law Preempts Local Wastewater Rule
EQT Production Co. v. Wender (Lawyers Weekly No. 001-179-17, 32 pp.) (Harris, J.) No. 16-1938, Aug. 30, 2017; USDC at Charleston W.Va. (Copenhaver, J.) 4th Cir. Holding: A West Virginia […]
Criminal Practice – Post-Offense Evidence Supports Death Penalty
U.S. v. Torrez (Lawyers Weekly No. 001-178-17, 91 pp.) (Thacker, J.) No. 14-1, Aug. 28, 2017; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Holding: A 4th Circuit panel upholds […]
Criminal Practice – No Resentencing Based on USSG Residual Clause
U.S. v. Brown (Lawyers Weekly No. 001-177-17, 27 pp.) (Duncan, J.) No. 16-7056, Aug 21, 2017; USDC at Charleston, S.C. (Duffy, J.) 4th Cir. Holding: A drug defendant sentenced as […]
Criminal Practice – Grand Jury Queries Defense Team on Phony Document
In re: Grand Jury Subpoena Under Seal 1, 2 and 3 (Lawyers Weekly No. 001-176-17, 8 pp.) (Per Curiam) No. 16-4096, Aug. 18, 2017; USDC at Charlotte, N.C. (Conrad, J.) […]
Criminal Practice – No More Pretrial Seizure of ‘Innocent’ Assets
U.S. v. Chamberlain (Lawyers Weekly No. 001-175-17, 15 pp.) (Wynn, J.) No. 16-4313, Aug. 18, 2017; USDC at Raleigh, N.C. (Howard, J.) 4th Cir. Holding: The en banc 4th Circuit […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- The third option: Why your best employees are quietly losing their edge
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
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