Features
<b><i>Case Study:</b></i> Mechanics Bank Removes Legal Risk From Delivery of Board Materials
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
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.
New Strategies for Remote Backup Replication and Disaster Recovery
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
Now more than ever, marketing should take center stage ' and for 50 firms it has ' I'm a believer!
Features
The Future Value of Today's Inventory
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
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
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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MOST POPULAR STORIES
- 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 ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- 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 ›