Features
<b><i>At the Intersection:</i></b> Collaboration: What Lawyers Can Learn from Google
These days, productive lawyering, successful onboarding of lateral hires, and effective Legal Project Management (LPM) all place a huge premium on effective collaboration. But lawyers are neither naturally collaborative nor comfortable as team players.
Features
Online e-Discovery Ethics
Although attorneys are rapidly becoming familiar with structuring digital data requests and responding to those requests in a way that is thorough, but reasonable, most attorneys feel at sea in the e-discovery ethics arena.
Features
Demand Is Down, So Why Are Billing Rates on the Rise?
Contradicting the ordinary rules of supply and demand, law firms have continued to jack up hourly fees faster than flat demand and a projected 1.7% annual inflation rate would suggest.
Features
Patchwork Paid Sick Leave Laws
When it comes to initiating employment legislation, we're living in a time when state and city lawmakers are the change agents. From adopting equal pay legislation to raising the minimum wage or instituting paid parental leave, inaction by the United States Congress has resulted in many states and cities taking matters into their own hands.
Features
U.S. Firms Expand into Latin America at a Record Pace
Recent data reveals that Latin America is the fastest-growing emerging market for Am Law 200 firms. The reason for U.S. firms' growing interest in the region is clear: Many Latin American economies boast above-average GDP growth and strong economic ties to the U.S. and Europe.
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Patents: When the 'Plain and Ordinary' Meaning Is Neither Plain Nor Ordinary
It is common in patent cases for the patentee to ascribe "plain and ordinary" meaning to terms in a patent claim, while the defendant often seeks a narrower construction. But what if the parties agree that "plain and ordinary" applies but then dispute what the plain and ordinary meaning should be?
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Three-Way Stop: Project Management, Technology and Process Improvement
Legal Project Management has seen an explosion of interest from the legal industry in recent years. It has been touted as the key to efficient legal work and a cure-all for the woes of fixed fees, fee caps, and lawyers who blow budgets. But there are drawbacks.
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Employee Benefit Plan Information
Cyber threats are so pervasive that many privacy and security experts advise that responsible parties ' like fiduciaries of employee benefit plans ' should prepare for when a data breach occurs, not if . Data collected by employee benefit plans includes sensitive information that make them a particularly attractive target for cybercrime.
Features
Leasing to a Foreign Entity Requires Special Attention
Leasing real property to a foreign entity presents a special set of concerns for landlords, and those who are leasing real property to a foreign entity should carefully evaluate these concerns ' and, where appropriate, address them in the lease. This article highlights the special considerations that a landlord encounters when leasing to a foreign entity.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›