Features
Determining an e-Mail Management Strategy
Legal IT professionals are challenged with finding the most efficient and appropriate e-mail management model while considering the rising cost of e-discovery and ethical issues surrounding e-mail retention. Against this demanding backdrop, firms must determine which of three potential e-mail management strategies to employ: passive, active or a combination of the two.
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
Notice under Occurrence Policies: Issues Beyond the Prejudice Debate
This article reviews key notice issues under occurrence-based policies, underscoring how multi-faceted and complex the questions are that can arise when a notice defense is presented. These questions range from what triggers the notice requirement to what the applicable statutory standards are for a notice defense, and from how theories of constructive notice apply to whether there are circumstances where notice will be excused on the basis of excuse or futility.
Features
Benzene and the Pollution Exclusion
Many see benzene-related cases as the next big thing in toxic tort litigation.
Features
When Is Credit Due? Reallocation for Settlements under 'All Sums'
In a multi-insurer coverage case, it is common for the insured to settle with one or more insurers before trial. When that happens in a case in which the court employs the "all sums" scope-of-coverage approach, can the non-settling insurers bring claims of their own against the settled carriers in an effort to reallocate some of their liability to their former co-defendants? If not, is there another mechanism to account for those settlements?
Features
Fair Value Accounting: Insights and Issues
This article examines the accounting principles and the framework underlying fair value measurements and clarifies the difference between mark-to-market accounting and fair value accounting. The article then examines the application of fair value accounting in inactive or illiquid markets, and in doing so, raises certain thematic issues that have surfaced in regard to this topic.
Managing and Monitoring Your Law Firm's Reputation Online
In just a few hours, a single negative, biting reference about a firm on a single, well-trafficked blog can easily mushroom through viral marketing into widespread hostility or ridicule across the Internet. Here's what to do.
Features
Networking Success for the Single Attorney
Many single and divorced people are savoring their unmarried lifestyles, and are leveraging the freedom of being unattached to creatively develop their business networks.
Finding the Right Person for the Job
Recruiting is the lifeline that continuously brings new blood into a firm. What follows is a step-by-step approach to finding the right person for the right job.
Rethinking Succession Planning for Tough Economic Times
In survey after survey in the business world, succession planning is near the top of the list of critical things to do ' and that doesn't get done. The author strongly suggests that firms recognize the urgency of succession planning for firm and practice succession in these treacherous economic times.
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- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- 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 ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere 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.Read More ›
- Protecting Innovation in the Cyber World from Patent TrollsWith 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.Read More ›