LJN Newsletters

Due to recent statutes and case law increasing directors' and officers' duties and exposure to potential liability, demand for D&O insurance has increased rapidly in recent years. This increase in demand has led to a significant rise in coverage litigation to define and interpret the language of existing policies. This article discusses a few emerging issues that can arise under D&O policies, and how they can impact policyholders.

While contextual advertising is well accepted in bricks-and-mortar businesses and in traditional publications, it is controversial on the Internet. Courts have not worked out whether (and if so, how) an advertiser may use a competitor's trademark to trigger banner ads or sponsored links displayed along with search results.

Insurers should encourage policyholders to hold firm against the plaintiff's bar's threats of excessive punitive damages jury verdicts by pointing to the Exxon Shipping Co. et al. v. Baker decision and the recent trend of decreased outlier jury verdicts.

Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.

As part of the network upgrade, it was very clear that we needed a macro/template package to assist us in both creating a consistent branding and in creating stable, functional documents.

True to all the hype, social networking tools are posed to be the next stage in the evolution of effective client communication. You've been under a rock if you haven't been confronted by the buzz about MySpace, Facebook, Twitter or LinkedIn. These are the most popular online social networking communities, but none of them are specifically targeted to the legal profession (unless your clients enjoy gaudy, blinking Web pages or virtual flowerpots).

Who's doing what; who's going where.

In a recent study, management-consulting firm Altman Weil cited lack of responsiveness as the number one reason clients terminate the services of a law firm. Lawyers need to have reliable, continuous access to clients ' whether they are on the road with a smartphone or in the office behind a desk. Having access to the firm's experienced professionals and extensive supportive resources without service errors, delays or interruptions is critical when a case is on the line.