Features

How Firms Should Be Measuring the Profitability of Matters
Matter profitability matters. Yet most firms struggle to measure it in a manner that is accurate, focused on the levers partners control, and inclines partners to take action. Using margin per-partner-hour (MPH) to measure profitability delivers on these objectives.
Features

Forensic Mythologies and Custody Evaluations
<b><I>Part One of a Two-Part Article</I></b><p>As forensic psychologists and psychiatrists agree to accept appointments as evaluators or take the stand to testify about a custody matter, there are often many assumptions about forensic practice floating among those in the legal community, and even on the part of litigants, that are questionable at best.
Columns & Departments
Case Notes
Discussion of a pelvic mesh verdict.
Features

Communication and Why It Matters
The art of speaking, understanding, asking and developing dialogue has been eliminated in this fast-paced, quick-reply, "do it now" universe we now live in. Sure, we can communicate around the world in seconds, and conduct business at extraordinary speed; however we have lost the "human" elements of conversation. And it matters!
Columns & Departments
Real Property Law
In-depth analysis and discussion of seven key rulings.
Features

Smaller Firms' Message To Big Law on Alternative Fees: Join the Club
Microsoft's vow to make its outside lawyers bill nearly all their work under alternative fee arrangements caused a stir, given large law firms' traditional devotion to the billable hour. But for a growing number of mostly smaller firms, those anxieties highlight a Big Law business model they've already left behind.
Columns & Departments
Bit Parts
Boots Litigation Involving John Wayne's Persona To Be Heard in California, Instead of Texas<br>Distinguishing Between Burden of Proof for California Statutory and Common Law "Likeness" Violation Claims<br>Interpreting Jury Verdict in Quincy Jones' Music Royalty Case
Features

Automatic Legal Holds Becoming the Norm
While they are a prime responsibility for attorneys facing litigation or regulatory investigations, legal holds are not always executed as effectively as they should be. For many, it is a problem of managing data in multiple locations; for others, it's the challenge of having unreliable data custodians.
Columns & Departments
IP News
Fed. Cir. Vacates Lack of Written Description Ruling In Interference<br>Federal Circuit Vacates Unclear Application of “Causal Nexus” Requirement to Prove Irreparable Harm
Business Crimes Hotline
Analysis of a case in which a German national admitted to taking part in a 2001 to 2004 scheme to pay roughly $3 million in bribes to Haitian officials in return for favorable treatment from Teleco, a state-owned telecommunications company.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›