Latest Features

  • The Time to Improve Administrative Performance Is Now

    By J. Mark Santiago

    This article focuses on what a firm can do now that will improve future firm economics regardless of what the future may hold, identifying three areas that offer the great opportunity for improving a law firms’ economics and better positioning them for whatever the future may bring.

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  • Legal Tech: Spring 2019 E-Discovery Case Law Review

    By Mike Hamilton

    The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.

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  • The Yates Memo is Here to Stay: Signs of Increasing Efforts to Hold Individuals Criminally Liable for Corporate Wrongdoing

    By Carolyn H. Kendall and Yune D. Emeritz

    It is axiomatic that companies cannot do wrong without the actions of individuals. However, the trend over the past few decades, with a few exceptions, has been that individuals generally were not prosecuted for their roles in corporate wrongdoing that harmed the public welfare. However, there appears to be a recent escalation in prosecutions of corporate executives.

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  • Permitted Uses: Flexibility and Adaptability

    By Glenn A. Browne

    When negotiating permitted-use clauses under retail leases, landlords attempt to achieve the most comprehensive limitations possible so as to avoid conflicts with other tenants’ leases and violations of exclusive-use clauses that are maintained by other tenants in the retail facility. Tenants, however, should be very careful to incorporate a certain degree of flexibility and adaptability into their leases’ permitted-use clauses to take into account an evolving landscape.

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  • Podcast: Cognitive Security

    By Jason Thomas

    We live in information environment that is unique to this point in time (social media, information overload). How do we know what’s true and what’s not?

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