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The Tao of Daubert Image

The Tao of Daubert

Richard West

All too often, the outcome of a "child custody dispute" will turn upon the recommendations contained within the custodial or parenting plan evaluation of the psychological expert. This first of a two-part article contains: 1) a brief review of <i>Frye v. United States,</i> and <i>Daubert v. Merrell Dow Pharm., Inc.</i>, standards; 2) an exploration of why evaluations are so rarely challenged by <i>Frye/Daubert</i> hearings; and 3) the foundation for a meaningful review of the evaluation under either <i>Frye</i> or <i>Daubert</i> standards.

Features

<b><i>Case Study:</b></i> Mechanics Bank Removes Legal Risk From Delivery of Board Materials Image

<b><i>Case Study:</b></i> Mechanics Bank Removes Legal Risk From Delivery of Board Materials

Kathleen Quenneville

As general counsel and assistant corporate secretary at Mechanics Bank in Northern California, I always considered my financial institution's method for delivering its board books to our corporate directors in advance of their board meetings was fraught with peril and legal risk. The fact is that it was no different than what many corporations ' banking and otherwise ' do when distributing board materials in advance of their meetings.

Getting Search Engine Optimization Right Image

Getting Search Engine Optimization Right

Conrad Saam

On Aug. 13th, a techie blogger named Oilman posted an article entitled, "Shame Shame Shame Findlaw," accusing the legal behemoth of violating Google's guidelines. Within hours, Findlaw was pilloried by the Search Engine Optimization blogosphere. Google dropped FindLaw's Page Rank from a 7 to a 5. The controversy unveiled Findlaw's SEM Advantage program ' which was essentially an agreement to sell a link from FindLaw.com to a law firm's Web site for up to $2,500 a month for the sole purpose of improving that site's search results, and is in violation of Google's Webmaster Guidelines.

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

The latest news from the franchising world.

New Strategies for Remote Backup Replication and Disaster Recovery Image

New Strategies for Remote Backup Replication and Disaster Recovery

Ben Weinberger

Most large and mid-sized law firms today have disaster recovery plans in place. But are the plans realistic? Do they truly meet the needs of the organization? Do they really bring to the project the full range of options that are available to sophisticated providers of legal services? These questions are of paramount importance for those managing a disaster recovery plan, since the potential of natural disasters or terrorist threats is becoming an increasingly bigger concern for businesses to face.

<b>Special Issue:</b> The Fourth Annual MLF 50: The Top 50 Law Firms in Marketing and Communications Image

<b>Special Issue:</b> The Fourth Annual MLF 50: The Top 50 Law Firms in Marketing and Communications

Elizabeth Anne 'Betiayn' Tursi

Now more than ever, marketing should take center stage ' and for 50 firms it has ' I'm a believer!

Features

Court Watch Image

Court Watch

By Rosaleen Chou

Franchisees Beware of Liquidated Damages Clauses

Features

The Future Value of Today's Inventory Image

The Future Value of Today's Inventory

Derek Schutz

Most law firm managers understand intuitively that the value of inventory (both WIP and A/R) degrades over time, but by how much and how quickly? The ability to understand and answer these two questions is the first step in preparing a realistic, forward-looking valuation model ' one that can identify opportunities and drive action.

Features

Franchise Class Actions: What to Expect in Canada Image

Franchise Class Actions: What to Expect in Canada

By Michael Webster

Although the geographic landscape in southern Ontario is similar to much of the northeastern United States, there are subtle traps for the franchisor who ventures northward expecting the franchise laws to be substantially the same. Southern Ontario contains the bulk of economic activity in Canada, and it has a franchise disclosure law based upon the U.S. Federal Trade Commission Franchise Rule. However, there are significant differences in how Canadian law in general will affect franchisors.

Features

Franchises Face Economic Turmoil Image

Franchises Face Economic Turmoil

By Kevin Adler

Although the fallout from the financial crisis is yet to be complete, the franchise industry seems to be weathering the storm fairly well to date. However, franchise attorneys say that caution is the order of the day and that an extended economic downturn could raise tensions between franchisors and franchisees.

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