Features

Clients Drive Information Governance: Business Benefits Flow to Firm
Information governance and the protection of corporate data are top concerns for law firms. To ensure standards are met, some clients are now tying payment to compliance with Outside Counsel Guidelines (OCG). OCG have moved from guidelines to actual contracts that provide for indemnification of the client for cyber breach and violation of privacy laws.
Features

Monopolizing the Disruptive
<i><b>The Federal Circuit's Threat to Software Innovation in the </i>Oracle v. Google<i>Decisions</i><</b><p>The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers' understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.
Features

Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble
A would-be class action against Barnes & Noble could have cost the bookseller hundreds of millions of dollars — not to mention a reputational hit for allegedly sharing private information about its customers' online video purchases with Facebook.
Columns & Departments
Real Property Law
Title Insurance Inducements<br>Purchaser's Willful Default/Down Payment<br>Tortious Interference Claim Reinstated<br>Easement Scope<br>Mortgage Acceleration
Features

Quasi-Bankruptcy Quagmires
<i><b>When Entities May Not Have a Filing Choice and How Creditors Are Impacted</i></b><p>This article explores the difficulties some entities have encountered in filing bankruptcies and how one organization used extraordinary civil remedies in an attempt to accomplish what reorganization under Chapter 11 of the United States Bankruptcy Code would have provided.
Features

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)
With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.
Columns & Departments
In the Courts
The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.
Features

Sales Speak: Overcoming the Doer-Seller Dilemma
<b><i>Rethinking Sales As an Act of Service</b></i><p>Lawyers are one of only a handful of professionals whose job requires them both to do the work and generate the business. This “Doer-Seller” Dilemma is particularly vexing for lawyers because of a long-held belief that sales is somehow beneath the legal profession and because lawyers have a limited view of what successful selling looks like.
Features

Online Extra: Europe Passes Controversial New Copyright Law
<b><i>Technology Platforms Such As Google, YouTube and Facebook Had Opposed the Changes, Which Will Require Them to Compensate Publishers, Artists and Musicians</b></i><p>EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.
Features

Creating a Culture of Intelligence
We hear about the ongoing cost pressures clients face, which force in-house counsel to do more with less, and the pressures on outside counsel to provide greater efficiencies and cost predictability. We also hear that clients hate to be cross-sold. However, this does not mean that clients are not interested to be introduced to new colleagues who can provide insight.
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