Features
Competitive Intelligence: Helping Your Client Know Their Client
We hear more and more that exceptional client service and in-depth knowledge of the clients' business and industry are the differentiators in keeping current clients and winning new ones. Value far outweighs cost when it comes to long-term client relationships, bet-the-company work and ongoing client success.
Features
Outsourcing: How to Do Better Than Flipping a Coin
The legal industry is on the cusp of transformational change making the "siren song" of a successful outsourcing engagement ever more alluring: increase expertise and flexibility while lowering costs, and significantly mitigating risk.
Columns & Departments
Real Property Law
Purchaser Who Did Not Record Until After Notice of Pendency In Foreclosure Action Not Entitled to Intervene Recording of Senior Mortgage Put Junior Mortgagee on Constructive Notice Issues of Fact Preclude Summary Judgment on Easement Claims Purchaser's Claim for Damages Against Dual Agent Broker Survives Summary Judgment Title Insurance Regulations Upheld
Features
Agency: A New Frontier for FCPA Jurisdiction
The Hoskins case highlighted the manner by which the DOJ (and the SEC, which has civil enforcement jurisdiction under the FCPA) can harness the common-law doctrine of agency to expand the reach of the statute.
Features
Morals Clause in Spotlight in Smiley/PBS Litigation
A lawsuit involving the Public Broadcasting Service and former TV host Tavis Smiley has created the kind of drama that would make the cast of Downton Abbey blush. This is because the litigation centers on an alleged breach of the "morals clause" included in the agreement that gave rise to the Tavis Smiley talk show.
Features
In the Know: Top 5 Legal Technology Trends for the 2020s
Technology is changing more rapidly than ever impacting our work, and personal lives. With technology playing such a huge role, it is important for legal marketers to be familiar with technology trends to understand the potential impact on our clients and law firm.
Features
Lessor Repossession of Property on Eve of Lessee Bankruptcy
Voluntary Turnover or Face Contempt Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized petition or may hold such property until such time as the debtor seeks, and obtains, an order of turnover.
Features
How Law Firms Are Overcoming New Business Development Challenges
With the intense competition for new legal work, demands on lawyers' available time and the increasing discounts clients demand, it's getting harder for law firms operating under a billable-hour business model to support the consistent development of new legal work by investing in and maintaining a marketing department alone.
Features
You Know What It Is: Taco Tuesday and the Failure-to-Function Doctrine In Trademark Law
The foundational requirement that a trademark function as a trademark has received little attention in the case law. More recently, however, there has been an apparent uptick in scrutiny of trademark use by the USPTO and TTAB, as well as fresh academic attention paid to the issue.
Features
SEC Proposes Changes to Accredited Investor Definition
Real estate syndication offerings often rely on Rule 506 of Regulation D to exempt such offerings from registration under the Securities Act. Rule 506 requires that, with certain limited exceptions, purchasers of the securities offered are limited to accredited investors. Amendments proposed by the SEC in December modify certain of the existing categories of accredited investors and create certain new categories.
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