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Selected Privilege Issues for Franchise Counsel
It is common, and in many cases absolutely necessary, for an employer to provide a laptop to its workers. Twenty years ago, virtually no one had a “portable” computer. Where a filing cabinet or a desk drawer would have been the repository for correspondence 20 years ago, the correspondence now resides on a server, or on a PC or a laptop hard drive. Text and voice messages are also sent through a PC or a handheld device or a telephone. A telephone would not have stored a message, at least not for very long, whereas now the numbers that have been called and received, as well as text and voice messages, can be recovered from the computer or laptop hard drive, if not the phone itself.
As recent litigation has demonstrated, the use of new communications devices with new capabilities is having an effect on how attorneys and their clients communicate, and, therefore, is raising issues in attorney-client privilege.
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.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.