Features
Safeguarding Your Intellectual Property
The documents that a firm produces are its greatest asset, yet firms historically have not made sufficient efforts to safeguard those documents from both internal and external threats. Law firms have typically had an open-door approach to document access. This means that anyone in your firm can likely access any document at any time, leaving your firm's intellectual property entirely unprotected.
Features
What Is the Appropriate Statute of Limitations Period for BIPA Claims?
The BIPA compliance lag has led companies using or collecting biometric information to consider how far back their liability may extend. The Illinois General Assembly, however, did not include an explicit statute of limitations period in BIPA. As a result, the statute of limitations has become one of BIPA's primary battlegrounds as litigants argue about potential class sizes and damages awards.
Features
'Weinstein' Clauses In Acquisition Agreements
The purpose of a Weinstein clause is to provide assurance that the target company (including its officers and executives) is not a hotbed of sexual harassment or a ticking time bomb of claims waiting to explode. This article on drafting and negotiating Weinstein clauses should help entertainment and media deal teams balance these risks.
Features
'Dirt for Debt' In Bankruptcy Plans of Reorganization
A debtor's goal in a Chapter 11 Bankruptcy is to confirm a "plan of reorganization." Creditors usually have the right to vote for or against a plan, and in some cases, a plan can be confirmed over the objection of one or more classes of creditors. This is called a "cram-down." The Bankruptcy Code's rules governing cram-down are complex and differ for secured and unsecured classes of creditors. This article shows how bankruptcy courts have ruled on a particular method of cram-down known as a "dirt-for-debt" plan.
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Determining Who Should Serve As the Billing Partner
Due to a law firm's team-oriented approach to business development and client service efforts, it is not always clear who should logically and most efficiently serve as the billing partner for a client or a particular client matter. A person should only be a billing partner if he or she is or will be performing the functions outline herein.
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How to TOOT Your Own Horn: Exceptional Self Evaluations
It's that time again. As the year comes to a close many firms are beginning the associate review process. Even if your firm does not have a formal review process I recommend that you write a self-evaluation that outlines your achievements and specifies your goals for the coming year.
Features
The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out
Part Two of a Two-Part Article Part One of this article, last issue, covered how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues. Part Two continues with the rights that CCPA grants to Californians, the CCPA's impact on company privacy policies, how other states' privacy laws compare to the CCPA, exceptions and penalties for violating the Act.
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Sparks From En Banc Arguments In Song Suit Against Led Zeppelin
There was much harmony along with a few discordant notes as an en banc panel of the U.S. Court of Appeals for the Ninth Circuit took up the copyright case involving Led Zeppelin's "Stairway to Heaven."
Features
It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases
In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?
Features
Fourth Circuit Rules that Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use'
The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a "fair use" and when it will give rise to liability.
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- Read This Before You Set Your 2018 Billing RatesSetting the next year's billing rates follows a simple formula at most firms: last year's rate plus a common percentage increase across all lawyer cohorts. A more disaggregated approach is needed -- firms should set higher percentage increases for senior lawyers and lower increases for junior lawyers.Read More ›
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