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How Do You Know When Your Loss Ensues?

Benjamin Fleischner, Ann Marie Petrey & Eric Leibowitz

This two-part article provides an overall review of ensuing loss provisions and their application by courts across the United States. In Part One, we discussed, among other things, Specific Exclusions. This month, we continue the discussion about Faulty Workmanship Exclusions.

Features

Take Credit for Your Work: ROI for Marketing Directors

Spencer X. Smith

How much money should firms spend on marketing? Instead of simply choosing a percentage based on conventional wisdom, this article shows you three simple calculations to use when you're trying to determine how much money your firm should spend on marketing.

<b><i>Social Media Scene:</i></b> Stand Out and Grow Your Firm with This Social Media Routine

Stephan Hovnanian

We are in an online economy where traditional marketing tactics are falling short of meeting the expectations of highly mobile users who expect transparency and accessibility from the businesses with which they deal. For law firms, transparency can present some challenges, but accessibility is a challenge your social media presence can overcome with a focused effort on your part.

Features

The Latest on 'Disparaging' Names, Trademark Rights

Zoe Tillman

The Washington Redskins football team has vowed to fight a federal district judge's recent order cancelling the team's federal trademark registrations as likely disparaging to Native Americans. The team's planned appeal to the U.S. Court of Appeals for the Fourth Circuit sets up a second showdown in federal appeals courts over the government's ability to cancel or deny trademark registrations based on content.

Features

Using <i>Daubert</i> on Cross-Examination

Timothy M. Tippins

This article addresses recent indications that <I>Daubert</I> is gaining ground in New York, as well as its current utility as a potent weapon on cross-examination of expert witnesses who are such common fixtures in the domestic relations courtroom.

<b><i>In the Spotlight:</i></b>Three Insurance Provisions That Should Not Be Overlooked

Christina L. Olson

Attorneys may spend hours negotiating and drafting expense clauses, use provisions and offset rights, but often ignore the insurance provisions as mere "boilerplate." However, although claims on insurance sections are rarely implemented, the reality is that a poorly drafted insurance section can have severe detrimental effects and significant cost implications for a client.

Columns & Departments

Bit Parts

Stan Soocher

Film Director Isn't Author of Movie<br>'Grupo Miramar' Trademark Infringement Claim Prevails, But Not Claims for Counterfeiting or Intentional Interference<br>

Features

How to Determine a Diligent Job Search

Rona Wexler

If a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award.

Health Care Fraud Enforcement

Marilyn May & Victoria M. Wallace

In March 2015, the DOJ and HHS)released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. This article discusses that report.

Features

Vendor Limitations of Liability for Security Breaches

Bryan G. Handlos & L. Elise Dieterich

Counsel advising companies on vendor contracts are in a tough spot. Cybersecurity risks presented by data outsourcing demand increasing attention and resources. At the same time, outsourcing of data to third-party vendors has become, in many instances, a business necessity.

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