How To Run Your Law Firm More Like a Business
If your firm is like most law firms, your top goals include growing revenue, and in turn, increasing profitability. You've implemented practice management software, and probably even a customer relationship management (CRM) system to help you achieve those objectives.
Features
When May a Director Inspect the Company's Books and Records?
It is well settled under Section 220(d) of the Delaware General Corporation Law (DGCL), a director's access to corporate books and records is broader than that of stockholders. However, in contrast to the broad scope of discovery permitted in a plenary action under the Delaware Court of Chancery Rule 26, Section 220 limits inspection (even by directors) to documents and communications that fall within its more limited "contemplation of 'books and records,'" which correlates with the "summary nature of a Section 220 proceeding."
CT Bankruptcy Court Invalidates Lawsuit Funding Agreement
Lawsuit funding companies have routinely filed claims as creditors in tort plaintiffs' bankruptcy actions when the debtor has failed to repay litigation funding advances. Whether bankruptcy courts will enforce lawsuit funding agreements depends on the applicable state law.
Features
Binding Arbitration in Divorce Cases
More often than not, litigating divorce and post-divorce issues in the New Jersey Superior Court is not practical. It is unquestionable that alternative dispute resolution (ADR) venues are becoming popular and commonly used methods to resolve divorce and post-divorce issues.
Features
The Supreme Court May Limit the False Claim Act's Scope
The DOJ and whistleblowers, with the support of many courts, have become increasingly aggressive in pursuing supposed false claims for federal reimbursement under the False Claims Act (FCA). In 2015, for example, the DOJ reported 737 new FCA matters and recovered more than $3.5 billion in FCA settlements and judgments.
Court Watch
Court Declines to Issue Preliminary Injunction Notwithstanding Franchise Agreement Properly Terminated <br>Noncompetition Covenant Not Enforced Where Franchisor Will Not Open Again in Area
Columns & Departments
Landlord & Tenant
Discussion of a case in which a civil court abused its discretion by staying execution of a warrant of eviction.
Features
Cybersecurity Meets EDRM with the Cybersecurity Reference Model
Many legal technology practitioners have great familiarity with the Electronic Discovery Reference Model (EDRM). The model allows attorneys and those who support them to use a common lexicon while wrestling with the complex issues and tasks associated with the discovery process. As the legal technology industry moves deeper into commoditization, new skills, knowledge bases and technology related to security and privacy outside the traditional EDRM will increasingly become the focal point for professional development.
Features
Immediate Impact of the Repeal of Form 18 On Patent Litigation
On Dec. 1, 2015, the latest amendments to the Federal Rules of Civil Procedure (FRCP) became effective. The amendments include significant changes to rules governing the discovery process, especially Rules 16 and 26. But they also include a significant change to the rules governing the very first filing in any patent infringement case.
Features
10th Circuit Upholds Tax Reporting Law
Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.
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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 ›