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As a divorce mediator, I find myself in the position of trying to bring divorcing parties to a consensus more often than many family attorneys might, but the techniques used in mediation can help even the attorney handling a more adversarial divorce to help his or her client see the 'big picture' and move toward an optimum outcome. To do this, it is important to understand some of the more common reasons why arguments between couples spiral out of control, and what tools are available to help them get past the obstacles to settlement.
An electronic communications policy (ECP) is an internal publication for employees outlining a firm's Internet, computer and electronic assets guidelines with the objective of reducing business risks.<br>Along with saving employees time, such publications can improve employee morale, prevent employee/management disagreements and keep users out of court. An ECP, it's easy to see, is an important part of safeguards and employee knowledge base at e-commerce firms.
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Identity theft has emerged recently as one of the greatest customer risks in e-commerce. Certainly, no one will shop or do business at a site if he or she feels personal and financial information isn't secure on that site.<br>But the truth of it is that from the dawn of the e-commerce era, the identity of the 'other' person in a deal has always been an unknown risk. The identity of the person requesting a customer's personal information, whether the sender of a marketing e-mail or the owner of an e-commerce Web site, may never really be clear, even to those who read the fine-print terms and conditions in disclosures and contracts.
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Highlights of the latest product liability cases from around the country.
In August, a San Francisco Superior Court jury awarded $10.3 million in economic and non-economic damages in an asbestos case brought by a 60-year-old man allegedly suffering from mesothelioma. <i>Barnes v. Thorpe Insulation Co.</i>, 446017. It may be one of California's 10 largest compensatory verdicts for asbestos cases in the last 15 years.
In the relatively newfangled sector of e-commerce, how often does an entrepreneur or attorney who represents e-commerce clients get to witness the birth of a new industry? <br>Well, there's a new player in the $173 billion legal services industry, and its initials are OLM ' a euphonic moniker for online legal matching.
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In September 1995, the U.S. Food and Drug Administration ('FDA') approved Merck's compound alendronate for various uses, including the treatment of osteoporosis and Paget's Disease. Alendronate is marketed by Merck as Fosamax'. It is one of Merck's biggest sellers, with approximating $3.5 billion per year in sales.
Preparing for the amendments to the Federal Rules of Civil Procedure (FRCP) will require careful planning and preparation. Following are steps designed to help general counsel more effectively negotiate the scope of electronic discovery at an FRCP Rule 26(f) Meet & Confer conference.
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Few technological advancements or social movements have impacted matrimonial law as profoundly as the computer/electronic age. Today, litigants have a virtual Pandora's box of incredibly vast yet retrievable information at their fingertips, which all too often remains underutilized or undiscovered. Currently, stored data can be retrieved from joint marital assets such as computers, cell phones or even facsimile devices with memory capabilities. The information stems from usage, whether explicitly 'saved' by the computer operator or not. It can later be deciphered or interpreted by a trained professional and can yield countless bits of information to assist in discovery.
For the first time in New York appellate history, an appeals court in Brooklyn declared unenforceable provisions of a prenuptial agreement that barred a spouse from seeking attorney fees. The decision is the first in which an appeals court had nullified part of a prenuptial agreement concerning attorney fees, rather than the whole agreement.
