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The Business Intelligence to Competitive Intelligence Continuum
Law firm leaders are faced with myriad decisions every day, from the mundane to the strategic. Each is an exercise in risk management. Not too many years ago, good decisions made by smart lawyers were sufficient. Law firms were raising their fees substantially every year and attorney incomes were soaring.
Those good old days ended for most firms shortly after 2008, when the market for corporate legal services shifted from being supply-driven to demand-driven. Now, corporate buyers are largely calling the shots, and excellent decision-making by law firm leaders is required as firms work to maintain their profitability.
At the same time, a host of Alternative Legal Service Providers (ALSPs) has arisen, giving corporate legal departments three alternatives for most work: keep using their law firms, bring it in-house, or use one of the ALSPs. In many cases, the buyers are “disaggregating” large disputes and deals, allocating some of the work to law firms (e.g., IP prosecution), sending some to the ALSPs (e.g., eDiscovery) and keeping some in-house (e.g., overarching legal strategy). For more on ALSPs, see, “Alternative Legal Services Providers: Changing Buyer Perceptions,” in the June 2017 issue of A&FP.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.