Features

Impact of the Tax Cuts and Jobs Act on Law Firms
This article describes the provisions of the Act most likely to impact law firms.
Features

Online Marketing Practices Continue to Pose Regulatory Threats for the Financial Services Industry
Last year, the Federal Trade Commission (FTC) released a staff report on Cross-Device Tracking, which added to the FTC's efforts to regulate emerging issues in the ever-evolving area of online behavioral advertising. The advertising in question involves the collection of data from a particular computer or device regarding a user's Internet-viewing behavior over time and across non-affiliate websites. Ostensibly, this technology obtains user preferences or interests. Cross-device tracking is the logical next step for this technology.
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Tax on Excess Tax-Exempt Org. Executive Compensation
Under the Tax Cut and Jobs Act, should certain employees of a tax-exempt organization receive compensation greater than $1,000,000 during the tax year from any combination of a tax-exempt organization and/or its related organizations, the organizations would be subject to an excise tax on that employee's compensation in proportion to their payments to the employee.
Features

Second Edition ABA Cybersecurity Handbook Reflects the Need for Greater Awareness
As 2017 came to a close, the American Bar Association opened the next chapter in cybersecurity awareness with the release of the second edition of its…
Features

How Will Generation X Lead Big Law?
<b><i>Stop Obsessing About the Millennials (for Now)</b></i><p>For decades, members of Generation X have been stuck between two behemoth, attention-draining generations, wondering if they would forever be relegated to back-bench leadership — mere seat-warmers for ambitious millennials waiting for baby boomers to retire. Now, as boomers slowly face their own mortality and aging bodies after a lifetime of devotion to work, there is no longer a need to question whether Gen X will have an opportunity to lead.
Features

Password-Sharing May Be a Federal Crime under the Muddied Waters of the CFAA
The Computer Fraud and Abuse Act (CFAA) is a federal statute that provides for not only criminal liability, but also civil liability, when a person accesses…
Features

The Recent Court and Regulatory Battles Behind the Net Neutrality Controversy
Though it has been a news focus recently, the legal issue of “net neutrality,” or an open Internet, has been a point of contention between Internet access providers and network users since the mid-1990s. Both sides have zealously but unsuccessfully lobbied Congress with multiple efforts to have desired legislation passed. This has left us instead with shifting regulatory actions taken by the Federal Communications Commission (FCC) attempting to address the issue.
Features

<i>Decision of Note</i>: Charitable Immunity Statute Protects Private University from Concert Suit
A woman who fell and injured herself while attending a country music concert at Monmouth University cannot sue the school for damages, a New Jersey appeals court ruled in a divided decision that potentially sets the case up to be heard by the state Supreme Court.
Features

Some Law Firm Leaders See Rosy 2018 Ahead
When it comes to law firm business, not everyone is depressed about the slow growth that plagued many firms in 2017, and that's predicted to persist into the new year. Or at least they won't admit it.
Features

How to Build a Business Development Culture
Law firms face all kinds of problems when they try to cultivate a business development culture. The guiding principle for overcoming these obstacles is to find strategies that lawyers can get excited about. People are more willing to be engaged in projects that are interesting and exciting. Here are ten tips for building a business development culture.
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- The 'Sophisticated Insured' DefenseA 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.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn 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.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›