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Law firms have historically recognized the need to keep all legal matters in some kind of permanent file. Therefore, the position of "record manager" is well known. However, the definition of a "record" has expanded in scope to encompass all computer-generated documents. Importantly, that now includes e-mail and e-mail attachments. This article will explore the differences between records and documents, the unique challenge e-mail represents and issues to be aware of when setting up a cutting edge records management system.
Information security has come to play an extremely vital role in today's business environment. Whether you are a solo practitioner or an IT Director of an AmLaw 100 or 200 firm, how can you best protect your company's data from being compromised? Anyone who experienced the "Slammer Worm" attack last January or the "So Big Worm" this past August knows the astonishing speed these viruses spread across the Internet. Hundreds of thousands of networks were affected within hours of each of those outbreaks. What is even more disconcerting is that in the case of the Slammer Worm, the attack exploited a well-known vulnerability in SQL Server; one which Microsoft had already fixed in a patch six months earlier. For mid- to large-size firms, a security policy is of paramount importance in order to ensure that the most appropriate security measures have been implemented with an acceptable level of competency and consistency throughout the organization. Physical desktop security, password best practices, virus protection, software installation and e-mail best practices are a few of the subjects that would form the core of the security policy document.
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The Federal Circuit in <i>Tate Access Floors,Inc. v. Interface Architectural,</i> 279 F.3d 1357, 1368 (2002), announced the death of the Reverse Doctrine of Equivalents (RDOE). The Supreme Court created the RDOE as an equitable release valve for accused devices that literally infringe claims. The RDOE applies "where a device is so far changed in principle from a patented article that it performs the same or a similar function in a substantially different way, but nevertheless falls within the literal words of the claim." <i>Graver Tank & Manufacturing Co. v. Linde Air Products Co.,</i> 339 U.S. 605, 608-609 (1950); <i>see also Boyden Power-Brake Co. v. Westinghouse,</i> 170 U.S. 537 (1898). In such a case, the RDOE "may be used to restrict the claim and defeat the patentee's action for infringement." <i>Graver Tank,</i> 399 U.S. at 609.
Since the 1960s, consumer advocates have used the tool of the class action to shepherd and win redress for those who have relatively small claims, but don't have the practical means to pursue their own individual lawsuits. The honorable intention is to notify and help vulnerable or unsophisticated plaintiffs who may not even realize they have been swindled. Class actions have won significant refunds for HMO customers, credit card and utility customers, and, of course, aided victims negligently exposed to toxic substances.
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There are several things that a franchisor can do in structuring its refranchising program to reduce the likelihood of disputes and litigation. This article discusses the presale market identification and internal due diligence and initial marketing process that culminates in the execution of a letter of intent ("LOI").
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Lender liability law states that lenders must treat their borrowers fairly and, when they don't, they can be subject to borrower litigation under a variety of legal actions. Franchise relationships have seen their own share of lender liability claims. Franchisees must borrow to acquire assets, franchise agreements, and leasehold interests relating to franchise operations. Thus, franchisees, like all business borrowers, must be aware of their legal rights and legal issues that may arise during the lending relationship.
Highlights of the latest franchising news from across the country.
Highlights of the latest franchising cases from across the country.
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Managing partners, financial partners, members of executive committees and administrators must devote more of their time today than in the past, to planning and managing their firms' finances and those functions that improve the cash flow. This article describes six aspects of law firm management and economics that the author has recommended to managing partners, financial partners, members of management committees and law firm administrators to assist them improve their firm's cash flow. These factors include: 1) cash flow; 2) a business plan; 3) budgets for revenues, expenses and client advances; 4) partner compensation; 5) a recommended new business and billing committee; and 6) partners' capital and borrowing.
As the wave of baby boomers that swept into the legal profession in the early 1970s and '80s approach middle age and retirement, the managers, colleagues…