Features
The New Attorney General and You
Loretta Lynch, formerly United States Attorney for the Eastern District of New York, likely will be the newly confirmed Attorney General of the United States by the time you read this. As spectacle, a changing of the guard is always worthy of note. But for others who are embroiled in or worried about investigations, the change may matter a great deal.
<b><i>Practice Tip:</b></i> Health Savings Accounts As Assets in a Divorce
As health care options continue to evolve, there has been a proliferation of high-deductible plans with the most popular being a health savings accounts (HSA). This plan takes advantage of the unique tax rules created by the IRS to maximize pre-tax contributions and appreciation on investments made within the account.
The Demise of the Four-Year Rule?
In <I>Conason v. Megan Holding, LLC,</I> the Court of Appeals affirmed a rent overcharge determination when the first overcharge alleged occurred more than four years before tenant's assertion of the overcharge complaint, affording tenant a remedy against an unscrupulous landlord despite the language of CPLR 213-a.
Content Marketing
According to a recent survey, 80% of law firm CMOs believe content marketing is an important marketing and business development strategy and 84% expect to increase the amount of content they are producing. With so much emphasis on content marketing, what can firms do to help make their initiatives as successful as possible?
Features
The Internet User's Duty of Care
The duty one Internet user has to another has changed, particularly with respect to cybersecurity and privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.
Features
The Times, They Are A-Changin'
As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.
Features
In the Spotlight: The Enforceability of No-Waiver Provisions in Commercial Leases
When faced with the argument that it has violated its lease, a commercial tenant often takes the position that the landlord, by its conduct and/or inaction, has waived the alleged breach. Anticipating such arguments, commercial landlords frequently insert "no waiver" provisions into their leases.
Public Perceptions, Health Care Providers and Litigation
The Gallup poll on the trustworthiness of professionals came out in January, as it always does.Yet again, it reported that health care professionals were the most trusted people in the country. Not so for the health care industry , however.
Features
Subjective Intent Does Not Save $1.5B Secured Claim Against GM
Sometimes, the simplest of errors can be the most costly. Such was the case with a large syndicated secured loan made to General Motors Co. Due to a simple filing error, what the lender and borrower had always intended to be a secured loan will now be treated as a general unsecured claim.
Features
Best Practices for Law Firms to Meet Cybersecurity Requirements of Inside Counsel
Whether or not your clients have suffered a data breach, cybersecurity is undoubtedly a critical concern. Many of your clients are actively searching for and plugging any gaps in their security. And if your clients haven't done so already, they're also going to focus their attention on what could potentially be an Achilles Heel for them ' their law firms.
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- The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel ManagementLegal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.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 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 ›
- When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value ParadoxThe Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.Read More ›
