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Hearings and Depositions: Listen ' and Ask the Right Questions
Lawyers are trained to practice law, but they are also expected to listen ' to their clients, to witnesses, to their opponents and to the court and regulatory agencies for instruction. That crucial listening skill should extend beyond what is said to things that are implied or left unspoken (would only that this advice were heeded in general!).
Those listening skills are especially critical when it comes to covering all the bases for electronic data as a component of discovery; the field is still so new for clients and courts alike that many people just don't understand what is involved in an e-discovery request. Clients rarely pay attention to the specific wording of requests or the accompanying instructions, and rely on their legal counsel to tell them what they are being asked to produce. That means the burden of covering all those bases falls most heavily on the lawyers.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.