First Circuit Raises Troubling Questions
The First Circuit opinion in <i>Rosciti v. Insurance Company of the State of Pennsylvania</i> presents an increasingly common interplay between two often conflicting areas of law ' insurance coverage and bankruptcy.
Avoid Mistakes of the Past
This article discusses a number of cases to have considered officer and director fiduciary duties in the context of insolvency.
Features
Dispelling (Some) of the Darkness of Stern v. Marshall's Bleak House
The Amended Standing Order issued by Judge Loretta Preska has significantly reduced the procedural quagmire and uncertainty faced by attorneys and the courts as a result of <i>Stern v. Marshall</i>. Here's why.
Features
<B><I>Online Exclusive:</b></i> <b>House Rejects Facebook Password Amendment</b>
The U.S. House of Representatives rejected a proposed amendment to the Federal Communications Commission Process Reform Act of 2012 (H.R. 3309) that would have allowed the FCC to prevent employers from asking for social networking passwords from prospective employees.
iPad, Laptop or Both?
In this article, I make some general observations and then rate my iPad against my laptop in seven different categories of tasks.
Product Review: Onit
Market statistics across all industries, including professional services, reveal that cloud products will drive the automation train. This is particularly true of Software-as-a-Service (Saas) products designed for small and medium-sized businesses.
Helpdesk Lessons Learned From Software Conversions
Here's some not-so-breaking news from the world of major software conversions regarding, in particular, the amplified demand for Office 2010 upgrades within the last 9 to 12 months: It's an all around challenge and major resource issue for IT, the helpdesk (referred to as the service desk globally), trainers and users. So, prepare for it, absorb lessons from others who have gone before you, and achieve a smooth conversion with happy users and management (yes, this IS possible!).
Look Before You Leap! Avoid Pitfalls When Moving e-Discovery to the Cloud
Under the right circumstances, the cloud may represent a fantastic opportunity to streamline the e-discovery process for an organization. Yet it could also turn into a "dangerous liaison" if the cloud offering is not properly scrutinized for basic e-discovery functionality.
Net News
Privacy Class Actions Filed Against Google in DC, Maryland<br>Feds Release Internet Privacy 'Bill of Rights'
Features
Technology Can Cap Internet Facilitators' Liability
Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
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MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- A Playbook for Disrupting Traditional CRMHere's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.Read More ›
