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Features

The Ethical Duty to Be Competent in Technology and e-Discovery

Mark Noel & Robert J. Ambrogi

Lawyers understand that they have an ethical duty to remain competent in the law and its practice. But far fewer are aware that an emerging body of legal-ethics rules and opinions say that lawyers also have a duty to be competent in relevant technology. And e-discovery, an area of law practice many lawyers still consider a niche, is quickly becoming more relevant to every type of litigation.

Columns & Departments

Bit Parts

Stan Soocher

Home Renovation Service Fails to Establish Claims Against Reality TV Show Producers<br>Owner of Original Woodstock Site Loses Equal Protection Suit<br>TV Show Appearance Release Bars Doctor's Suit over <i>Mob Wives</i>

Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists

Matthew L. Jacobs & Elliot S. Tarloff

Once a policyholder tenders a claim, an insurer is likely to request information and documentation from that policyholder about the underlying event, circumstance, occurrence or claim. The insured, however, may have legitimate concerns that sharing such information could result in the inadvertent waiver of evidentiary privileges and protections as to the insurer and third parties, or an adverse coverage determination.

Features

<b><i>Voice of the Client:</i></b> Business Development Program Best Practices: Business Intelligence

Bruce Alltop

Law firms are ever-so-slowly starting to incorporate "key account planning," a critical element in any successful strategic go-to-market strategy and/or best-in-class business development program is "business intelligence."

How Do You Know When Your Loss Ensues?

Benjamin Fleischner, Ann Marie Petrey & Eric Leibowitz

The effect an ensuing loss provision is that ensuing losses stemming from uncovered events will be covered, as long as such losses would otherwise be covered under the policy. Consequently, an understanding of the provision is vital to commercial property landlords and tenants.

No Contract Breach In YouTube Removal Of Music Video

Marisa Kendall

Lawyers for YouTube beat back a breach of contract suit over its removal of a reggae music video, by persuading a federal judge that YouTube's user agreement gives the company broad discretion to take down whatever material it sees fit.

Case Briefs

Laura A. Foggan, Edward R. Brown & Jessica Cunningham Lim

In-depth discussion of recent key rulings.

Enforceability of Co-Tenancy Remedies

M. Rosie Rees & Stephanie J. Kim

On Jan. 12, 2015, a California Court of Appeal held unenforceable a co-tenancy provision in a retail lease that allowed the tenant to accept possession of the premises but thereafter have no obligation to pay rent or open for business, even though the provision had been negotiated by two sophisticated parties with leasing expertise.

Features

Get a (Law) Firm Grip on Data Breaches

David Ray & Reggie Pool

This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.

Features

When a Factor Has Not Approved Orders

Benjamin Seigel

Even though a seller's reclamation rights may find their underpinnings in the common law and in the UCC, there are strict limitations on the seller's reclamation rights under the Bankruptcy Code.

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