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  • Although there are bad apples among them, most private investigators dig up information using only proper means. Even putting aside the significant, well-regarded 'white collar' operations laden with former FBI executives and the like, many one- or two-person shops also comport with the law. But still, issues sometimes arise. Recent events have raised the consciousness of lawyers, particularly criminal and divorce attorneys who employ private investigators on a regular basis.

    September 28, 2006Joel Cohen
  • Legal disputes over control of the physical remains of a person after death belie the phrase requiescat in pace. The problem can come up when parents of the deceased are divorced, they are the next of kin and they disagree as to what should be done with a child's remains. It can emerge when people remarry and their children's ideas clash with those of their new spouse. The problem can also surface when same-sex couples in non-legally recognized relationships are left out of the burial decision-making process.

    September 28, 2006Daniel G. Fish
  • For the past 5 years, Corporate Counsel has conducted a survey of Fortune 250 general counsel, asking them to list their 'primary' outside counsel. This year, 93 companies provided information on their top law firms for corporate transactions, litigation, labor and employment, and intellectual property. Those companies named a total of 380 law firms.

    September 28, 2006Tamara Loomis
  • A&FP has for several years followed the problematic interaction of: Laws and regulations relating to the federal taxability as income of compensatory damages in 'nonphysical' personal injury cases; The classification of contingent at-torney fees in those cases as income for the client (as well as for the attorney); The operation of federal fee-shifting statutes; and The alternative minimum tax (AMT). '

    September 28, 2006Joe Danowsky
  • Litigation support is an increasingly necessary service that helps attorneys and staff do all that they need to do with client data. Many billing options exist, but before we explore them, it might be helpful to identify the various things that commonly fall under the litigation support umbrella.

    September 28, 2006James McKenna
  • Our September edition included a report by legal journalist Leigh Jones on the appeal of 'closed' compensation decision-making systems that forego transparency in the interests of peace and efficiency. In the following roundtable discussion, seven present and former members of our Board of Editors comment on half a dozen aspects of this subject.

    September 28, 2006ALM Staff | Law Journal Newsletters |
  • 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.

    September 28, 2006Rachel Fishman Green
  • 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.
    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.

    September 28, 2006Jonathan Bick
  • 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.
    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.

    September 28, 2006Stanley P. Jaskiewicz