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<i>Professional Development</i>: Training Effectiveness Image

<i>Professional Development</i>: Training Effectiveness

David Cruickshank

The best training programs produce desired behavior change in lawyers. If they were not comfortable with asking for new work before, now they are. If they never created a business development plan and followed it, now most of them will.

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Collecting Social Security Numbers Image

Collecting Social Security Numbers

Nicole Pszczolkowski & L. Elise Dieterich

This article suggests a framework for ensuring compliance with the majority (albeit not all) of the applicable state laws and avoiding the financial, legal and reputational damage that can occur when SSNs are improperly collected, used or disclosed.

Features

Proof and Defense of Causation in Failure-to-Warn Claims Image

Proof and Defense of Causation in Failure-to-Warn Claims

George W. Soule & Kevin P. Curry

In litigating failure-to-warn claims, the focus often is on duty (whether the manufacturer should have included a warning) and adequacy issues. In most cases, there is little attention paid to proof that the lack of a warning, or an inadequate warning, caused the accident. This article focuses on strategies for proving and defending the causation element of failure-to-warn.

Features

Privacy Ruling Reverberates in Case Against Facebook Image

Privacy Ruling Reverberates in Case Against Facebook

Marisa Kendall

Plaintiffs suing Facebook over its alleged practice of scanning direct messages are invoking a recent ruling from U.S. District Judge Lucy Koh clearing the way for a similar case against Yahoo Inc.

Unfinished Business Claims Image

Unfinished Business Claims

Robert W. Dremluk

This two-part article describes recent developments with respect to unfinished business claims, discusses the implications that those cases may have on law firm partnerships, and provides some suggestions as to what law firms may do to avoid unfinished business claim litigation.

Features

Obstruction of (Contemplated) Justice Image

Obstruction of (Contemplated) Justice

Jeffrey M. Hanna

Obstruction of justice is seeing increased use, and could prove to be a powerful tool in the federal prosecutor's toolbox. Reflective of its growing attention, as discussed further below, it is the subject of a pending U.S. Supreme Court case that will examine just how broadly this statute may reach.

Features

Collecting Social Security Numbers Image

Collecting Social Security Numbers

Nicole Pszczolkowski & L. Elise Dieterich

In the first half of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (SSNs). What the affected businesses may not know is that the mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.

Features

Gaps in Coverage After <i>Farmers Mutual </i> Image

Gaps in Coverage After <i>Farmers Mutual </i>

Robert D. Goodman & Miranda H. Turner

Recently, the New Jersey Supreme Court addressed the question of the role of a state insurance guaranty fund within a pro rata allocation scheme. The court's opinion has called into question New Jersey's approach to allocation more generally.

Features

Changing the Law Firm Business Model Image

Changing the Law Firm Business Model

William C. Cobb

Lawyers must understand the process by which they deliver a legal solution. That means they understand every task in the process and who should be performing those tasks, whether it is a partner, an associate, a paralegal, or another professional.

Keep It Under Control Image

Keep It Under Control

Patrick W. Michael

Client questions about litigation management are always the same: How likely are we to win? How long will it take? How much will it cost? The answers vary from case to case, but metrics exist to answer the questions and to enhance litigation management.

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