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Sorting Software With the e-Discovery Application Matrix
With so many products that describe themselves as end-to-end solutions and the resulting struggle in the legal technology community in determining which products solve a particular problem, it was only a matter of time before an enterprising consultant created a tool to navigate the sea of product information.
Technology in Review for a Luddite Lawyer
Every day, someone is predicting a sea change in the way we conduct discovery. However, due to the dogged nature of many litigators, the old "belt and suspenders" style of discovery persists. Many attorneys adhere to the philosophy of reviewing each and every document in the order that they find them. I am not here to predict the downfall of those who are sticking to that philosophy; in fact, I am quite sure that the old methods of approaching discovery will last eternally. However, there may be a better way.
Features
MO Supreme Court Denies Auto Dealer's 'Bad Faith' Statutory Claim
In <i>Parktown Imports, Inc. v. Audi of Amer., Inc.</i>, the Missouri Supreme Court "fixed" an appellate court decision that could have set a precedent with potentially serious implications for automobile manufacturers and other franchisors or distributors because it would have allowed actions to block network changes on a mere claim of "bad faith," even when there is no standing to bring suit under a specific provision governing network changes.
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IFA Legal Symposium: Financial Concerns Lead Agenda
Financial concerns dominated the discussions at the 42nd annual IFA Legal Symposium, held on May 18-19 in Washington, DC.
Strategies for Responding to the Financially Distressed Auto Dealership
Part One of this article explained the benefits of engaging a dealer early and discussing possible workout arrangements, and it outlined the impact that a dealer's bankruptcy filing can have on the process. In Part Two, we consider an automaker's options when termination, liquidation, or change in ownership of a dealership cannot be avoided.
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Technology in Marketing: Where to Invest Your Marketing Technology Dollars
Law firms have realized that using technology ' particularly the Internet ' is a powerful tool for creating a more level playing field to enhance their images, expand their visibility in targeted markets and drive business to their firms. However, with so many competing interests for limited marketing dollars, where should you invest your firm's resources to get the most bang for the buck?
Professional Development: Teaching Others to Deliver
On the topic of leadership, Albert Schweitzer stated, "Example is leadership" and observed that "Example is not the main thing in influencing others. It is the only thing." We learn optimally by observing best practices and adapting these as our own. Client service is one such practice that is furthered by example. Here are seven project management insights that demonstrate how senior practitioners, leading by example, can teach junior attorneys how to focus on their client deliverables.
The Place to Network: 2L Summer Networking
What can law students do to extract the most possible value out of their summer, whether they have a summer associate position or not? Network!
Law Firm Leadership: Leading in Challenging Times
Times of uncertainty and layoffs often lead to negative emotions, a lack of trust in management, and a decrease in productivity. So, what is a CMO or Marketing Director to do in the midst of such chaos? Here are some leadership tactics that will not only help your team survive the crisis, but strengthen it through the process.
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Let's Welcome Our New Board of Editors Members
Three stellar contributors join our Board.
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- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›