Features
Non-employee Spouse Waivers of ERISA Plan Benefits Not Reliable
In an aging population, accumulations in employee retirement plans assume greater and greater importance. Nowhere is this more true than in divorce, when, for many couples, retirement savings represent the most significant part of their savings.
Features
Same-Sex Marriage: Survey on Policies
The start of same-sex marriages in California on June 16 made headlines across the country. However, it was not such a big deal for many U.S. companies. These businesses already give their gay and lesbian employees many of the same benefits that they provide to their married straight workers.
The Pluses and Minuses of Voluntary Mediation Sessions
More and more courts and legislatures are turning to mediation. This article concerns itself with the voluntary nature of these mediation sessions.
Technology in Marketing: An Experience Management Solution
A recent ACC Corporate Counsel survey reports that a lawyer's expertise is the single most important criterion when it comes to choosing new outside counsel. As a result, firms that are unable to quickly prove experience and expertise risk losing business and face competitive disadvantages. Here's what to do.
Features
When and How Can Departing Lawyers Contact Clients?
The article herein addresses the related questions of when and how can departing lawyers contact clients in an ethical manner.
Law Firm Intelligence: Seven Research Resources You Need to Know
Adding free and low-cost publicly available resources to the researcher's menu of options will not only lower the overall costs of research, but will also enable the researcher to provide answers to a broader range of questions. Here are some suggested sites to use.
Features
Professional Development: A Guide to Connecting with Potential Clients
Following are a few tips that will help you feel prepared and confident in potential business development situations.
The Place to Network: Transition Networking Strategies for Female Attorneys
A look at various up-to-date options for female attorneys.
Career Journal: Recruiting Redux: 'It Takes a Village'
While most industries recruit young talent in an organized fashion, the legal profession takes it to a whole other level. This race for talent is akin to speed-dating forums where would-be soul mates have just a fleeting moment to size up someone they may very well spend the rest of their lives with. Here's how to fix it.
Using Unbeatable Results to Generate New Business
Peter H. Klee is the biggest rainmaker at Luce Forward in San Diego, bringing in between $10- $15 million each year, and his insurance litigation practice continues to grow at a rate of 10% per year. Here is a portrait of an unbeatable record: No client represented in court by Peter has ever been found liable for breach of insurance contract, bad faith or any other tort.
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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 ›