Features
Embracing Culture As A Path to Survival
A strong, powerful and constructive culture has a significant impact on a business's ability to differentiate, to offer top-shelf client service, to attract and retain talent at all levels and to reach new levels of profitability. Regardless of how technology continues to help the legal industry reinvent itself from a mature industry to a young and thriving industry, culture and people will remain a key driver of any firm's long-term success.
Case Notes
According to a recent decision by the Supreme Court of New Jersey, an insurer denying coverage based upon an insured's failure to provide timely notice of a claim under a "claims made" directors and officers policy is not required to show appreciable prejudice ' provided such "claims made" policy was agreed to by sophisticated parties.
Features
EXCITING NEWS!!!
Beginning with the June Issue, <i>LJN's Legal Tech Newsletter</i> will be incorporated into our all-new, cutting-edge title: <i>Cybersecurity Law & Strategy.</i>
The Famous Dr. DeBakey and His Two Controversial Practices
Recently, there has been a great deal of press, as well as litigation, involving two things: so-called "overlapping surgery," and requests by patients to record their encounters with their physicians and with their surgical procedures. Many years ago, a world-famous cardiac surgeon, at least anecdotally, did both things.
Features
The Coming Tsunami in the Legal Profession
There have been four waves of change over the last 50 years. We are now entering the fifth wave and this one will be a tsunami. The lawyers who do not recognize the trends will not be able to enter a new era and survive. The fifth wave will turn partnership leverage, compensation systems and the business model upside down. There is not much time to make the incremental changes that will support sustained profitability in law firms.
Features
The 'Zone of Insolvency'
Directors and officers of a corporation are fiduciaries to the corporation and its shareholders, and are generally required to exercise the duties of care and loyalty with every corporate action. Delaware courts have long led the development of the parameters of these duties, which arise from statutes and vary from state to state.
The First Five Years of the SEC Whistleblower Program
With well-publicized SEC settlements now routinely tipping into the tens of millions of dollars, the monetary rewards to a successful tipster might be huge. The Dodd-Frank Act called those tipsters "Whistleblowers," and the SEC's official Whistleblower program opened for business in August 2011. Here's what has happened since.
Court Watch
Third Circuit Affirms Denial of Injunctive Relief to Franchisor, Concluding Concessions of Counsel Disproved Irreparable Harm<br>Fifth Circuit Issues Cautionary Note to Franchisees That Plead Their Claims Haphazardly
Columns & Departments
Verdicts
In-depth analysis of a case involving a deceased patient's medical records.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.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's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Read This Before You Set Your 2018 Billing RatesSetting the next year's billing rates follows a simple formula at most firms: last year's rate plus a common percentage increase across all lawyer cohorts. A more disaggregated approach is needed -- firms should set higher percentage increases for senior lawyers and lower increases for junior lawyers.Read More ›
