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<b><i>Media & Communication:</i></b> Getting Busy Lawyers to Market Image

<b><i>Media & Communication:</i></b> Getting Busy Lawyers to Market

John Hellerman

When lawyers are "too busy with work" to spend their time marketing, that is usually when they are most worthwhile to market. When lawyers are without work and banging down your door for help, that is when they are the least marketable and most challenging.

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Deferred Compensation and Safe Harbor Plans Image

Deferred Compensation and Safe Harbor Plans

Lawrence L. Bell

The Department of the Treasury has issued final regulations addressing deferred compensation and safe harbor planning utilizing §§ 409A(d)(1), 457(e)11 and 31.3121(v)(2). These regulations set forth how plan sponsors can provide death benefits on a permissibly selective basis.

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Protecting Your Clients from Their Own Social Media Image

Protecting Your Clients from Their Own Social Media

Ben Rubinowitz & Evan Torgan

Postings of comments or photographs become part of the permanent record on the Internet. There is no such thing as deleting a post or erasing the past. Because of the potentially adverse consequences, trial lawyers are now duty bound to run a thorough social media search of their clients, adversaries, and witnesses in every case. To the extent an attorney fails to conduct such a search, not only will she be at a severe disadvantage in the case but her competence as a trial lawyer can be called into question.

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Director Independence to Consider Pre-Suit Demand Image

Director Independence to Consider Pre-Suit Demand

Joseph M. McLaughlin & Yafit Cohn

In a decision written by Chief Justice Leo E. Strine Jr., for the second time in 15 months, the Delaware Supreme Court reversed a Court of Chancery decision dismissing a derivative complaint for failure to plead demand excusal.

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Class Certification Image

Class Certification

Jeremy M. Creelan

<b><I>Will Gorsuch Pick Up Where Scalia Left Off?</I></b><p>For two decades leading up to Justice Antonin Scalia's death, the U.S. Supreme Court's class certification jurisprudence took shape as a dialogue between Justices Scalia and Ruth Bader Ginsburg over the commonality and predominance requirements of Federal Rule of Civil Procedure 23(a)(2) and (b)(3), respectively. Will this continue if Gorsuch is confirmed to the Court?

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The Clock Is Ticking Image

The Clock Is Ticking

Jonathan B. New & Marco Molina

<b><I>Courts Check Government Attempts to Extend the Statute of Limitations</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>When the SEC and other government regulatory agencies pursue civil enforcement actions against those accused of financial fraud, they often attempt to recover monetary penalties and fines for periods of time even outside the limitations period. This effort is being met with resistance by the courts. The authors conclude their discussion herein.

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Back in the GDPR Image

Back in the GDPR

Dan Panitz & H. Bruce Gordon

Any company operating globally should protect its value through exposure containment under both privacy shield and the forthcoming GDPR.

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Five Easy Ways To Elevate Your Executive Presence Image

Five Easy Ways To Elevate Your Executive Presence

Linda Hardenstein

What do you think is the secret sauce that accounts for 26% of what it takes to get promoted, according to 4,000 leaders surveyed by The Center for Talent Innovation? Whether you work in a law firm, for the government or with a corporate legal office, to get promoted, win cases, make more money, or just be more successful, your Executive Presence matters.

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Class Certification Image

Class Certification

Jeremy M. Creelan

<b><i>Will Gorsuch Pick Up Where Scalia Left Off?</b></i><p>"Is my client a potential member in a class-action lawsuit against a pharmaceuticals manufacturer?" The answers can get complicated, especially when the legal landscape is in flux, as it is now as we await the appointment of a new Supreme Court justice. What should we expect?

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New Rules Pose Hurdles for Disability Claimants Image

New Rules Pose Hurdles for Disability Claimants

Joseph B. Silver

Over the course of the past few months (and prior to the inauguration of President Trump), the Social Security Administration (SSA) proposed and finalized…

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