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Features
The vast majority of terms of service (TOS) on websites are unenforceable. Companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide them with the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.
Features
Long-arm jurisdiction over non-domiciliaries is an issue that continues to bedevil practitioners and litigants in the Internet age.
Features
The evaluation process consists of gathering information; the integration of that information in order to formulate opinions; and the organization and presentation to families, attorneys, and courts, of the information that was gathered, coupled with the expression of expert opinions formulated and recommendations offered.
Features
Many attorneys run into issues related to the improper management of trust accounts, and some firms don't have the appropriate safeguards and checks in place to help prevent issues. Implementing proper controls can help reduce the risk of trust accounting improprieties and errors.
Some 43% of companies report knowing that they experienced a data breach last year. Since breaches are hard to detect, it's safe to say that the other 57% can't be sure whether they were breached or not. One thing that's certain is that big data breaches were the story of 2014 ' and it seems likely that they will keep coming.
Features
A recent series of speeches from senior DOJ officials are a signal to corporate counsel to stress the importance of, and actions needed for corporate cooperation and self-disclosure.
Features
An in-depth discussion of deferred compensation plans and death benefits.
Features
The holidays are over and, in the world of family law, that can mean an influx of clients looking for an attorney to prepare or review a premarital agreement in advance of an upcoming June wedding. Drafting or reviewing premarital agreements can, however, be "risky business."
Features
The Court of Appeals for the Federal Circuit, in a case of first impression, ruled that when the patent at issue is a standard essential patent (SEP) and its owner is subject to an obligation to license that patent on reasonable and non-discriminatory (RAND) terms, the jury instructions must discuss the specific obligations of that patentee and not RAND commitments in general.
The Supreme Court, recently settled an important question on the valuation of loan collateral and, at the opposite end of the complexity spectrum, it addressed restitution under the Violence Against Women Act for possession of child pornography, generating multiple dissents, and offering at least a flavor of how the justices might be inclined to approach the general restitution statutes.