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Opinion

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ARTICLES

Neutral Corner: Why did trials ‘vanish,’ and what is the lesson for mediation?

In his article, “The Disappearance of Civil Trial in the United States,” Yale Law School professor John H. Langbein explored the factors leading to civil trials having all but “vanished.” He concluded that the largest single cause of the decline in the number of jury trials was the robust and extensive fact discovery promoted, if not mandated, by the adoption of the Federal Rules of Civil Procedure.
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Brown: Is a taco a sandwich? This IP question isn’t patently absurd

I was reminded recently of a client who came to see me with drawings of a chair he had designed, and he wanted to protect it. As we looked at the design and mulled over the possible ways others might find value in it, it became clear that the chair might fit into multiple IP buckets — or perhaps none at all.
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Hart: Trade secret protection requires customized measures

Because there is “no one size fits all” analysis to determine whether something qualifies as a trade secret — including whether its owner took reasonable measures to protect it — a lawyer tasked with protecting a client’s trade secrets must be intimately familiar with the client’s protectable interests.
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Start Page: Untangle your many logins with a password manager

Christmas is just around the corner. You finally have a couple of days off to binge watch that Netflix show you’ve been hearing about, only to be asked to enter your password. You fiddle with the remote to type in the password in vain. So much for goodwill toward men. Thankfully, there’s a solution to this challenge: a software-based password manager.
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