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Tips for Complying with ABA and State Rules On Attorney Advertising
This June marks 47 years since the U.S. Supreme Court decided Bates v. State Bar of Arizona, determining that commercial speech merited First Amendment protection. The decision allowed attorneys to supply consumers with valuable information about the availability and cost of legal services — in other words, advertising.
The ABA drafted and then adopted the Model Rules of Professional Conduct by 1983, and state Supreme Courts followed suit, adopting the ABA rules but not always identically. States modified language to preserve the integrity of their own manner of practicing law, or added aspirational rules, and with those additions the rule names and numbers no longer aligned with the ABA's Rule. Adding to the confusion were comments and opinions added to the rules, meant to assist with rule interpretations but often adding layers of information that lacked clarity.
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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.