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10 Common Mistakes When Dealing With DOJ Antitrust Criminal Prosecutors Image

10 Common Mistakes When Dealing With DOJ Antitrust Criminal Prosecutors

Eric M. Meiring

Corporate counsel should be aware of the following 10 common mistakes that practitioners make when representing clients in criminal antitrust matters.

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Prepping a Mock Notification Letter Before a Cybersecurity Breach Hits Image

Prepping a Mock Notification Letter Before a Cybersecurity Breach Hits

Stephen Moore

Being prepared for the worst before it even happens can minimize the damage in the event of a cybersecurity incident. To get any company ready for a cybersecurity event, the first step is to organize a team to write a mock breach notification letter that will represent your message to the world about your failure in the event you have a breach.

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What to Consider When Drafting Renewal and/or Expansion Terms in Arbitration Clauses Image

What to Consider When Drafting Renewal and/or Expansion Terms in Arbitration Clauses

Elizabeth Kluger Cooper & Kimberly C. Jones

Navigating through a murky arbitration clause is no easy feat. Assuming familiarity with the basics, the following is a list of considerations that should prove valuable whether representing the tenant or the landlord.

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Competitive Intelligence: The Wolf of Law Firms — Sell Me This [Insert Legal Service Here] Image

Competitive Intelligence: The Wolf of Law Firms — Sell Me This [Insert Legal Service Here]

Stacy Rowe

While we can't always create the need; we can work to identfy a need. Clients buy because they have a need or want, and successful salespeople do their homework to uncover this intelligence.

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Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity Image

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity

Susan M. Gerber & A. Patricia Campbell

Part One of a Two-Part Article Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.

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Confronting the Company: Corporate Guilty Pleas as Evidence in Criminal Trials Image

Confronting the Company: Corporate Guilty Pleas as Evidence in Criminal Trials

William F. Johnson

This article reviews the history of the admission of individual co-conspirator plea allocutions in criminal cases and discuss why the admission of a corporate guilty plea, despite the opportunity to cross-examine a corporate employee who signed the plea agreement, does not provide the type of cross-examination guaranteed by the Confrontation Clause.

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Law Firm Profitability: The Art and Science Image

Law Firm Profitability: The Art and Science

Timothy B. Corcoran & Marcie Borgal Shunk

The Manner in Which Law Firm Leaders Measure Profitability Has the Potential to Have a Profound Impact on Behavior and Motivation, Particularly As More Firms Integrate This Metric Into Their Compensation Systems The manner in which law firm leaders measure profitability has the potential to have a profound impact on behavior and motivation.

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Making Sense of YouTube's Monetization Policies Image

Making Sense of YouTube's Monetization Policies

Gwendolyn Seale

This article delves into YouTube's policies for channel monetization, explores the different streams of revenue an artist or creator may be entitled to receive for their works, and offer suggestions to indie creators and more established creators, so they can meet these new thresholds.

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Legal Tech: Moving to the Cloud for Business Continuity Planning Image

Legal Tech: Moving to the Cloud for Business Continuity Planning

Jonathan Reed

In the past year, the devastation caused by natural disasters has been immense. Law firms, like every other business, are left to deal with the aftermath of these catastrophic events. Firms that have established business continuity plans to put into effect when these instances occur will find themselves a step ahead in the disaster recovery process. And the ones leveraging cloud technology are at an even greater advantage.

Features

Reports of the Demise of 'Gifting' Chapter 11 Plans Are An Exaggeration Image

Reports of the Demise of 'Gifting' Chapter 11 Plans Are An Exaggeration

Timothy W. Hoffmann & Mark G. Douglas

In Nuverra Environmental Solutions,, the U.S. District Court for the District of Delaware affirmed a bankruptcy court order confirming a non-consensual Chapter 11 plan that included "gifted" consideration from a senior secured creditor to fund unequal distributions to two separate classes of unsecured creditors.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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