Features
The Federal Prosecutor As Regulator
In the heavily regulated health care sector, the line between human error and a knowing "false claim" can be indistinct, aided and abetted by prosecutors' reliance on the FCA-defined concepts of "reckless disregard" and "deliberate ignorance" as proxies for proof of actual knowledge.
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Litigating Complex Environmental Cases
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
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When Worlds Collide
Until recently, the public finance world simply did not experience significant defaults. Until now. A look at recent litigation.
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In the Spotlight: The Assignment Clause in an Agreement of Sale
No party may assign this agreement: If this is the clause in an agreement of sale, the negotiating attorneys have not sufficiently protected their clients' interests.
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Parking: It's Not Just About the Ratios Anymore
New approaches to parking are offering retailers and developers greater flexibility and the opportunity to reduce costs and environmental impacts.
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<b><i>Online Exclusive</b></i> Controversial Cybersecurity Bill Passes in House
Congress is once again pushing forward on a controversial bill to bolster the nation's cybersecurity, which could end up changing how law firms and their clients respond to online threats. The House passed the Cyber Intelligence Sharing and Protection Act (CISPA) on April 18, sending the legislation to the Senate. The bill would allow 'cybersecurity entities' ' an intentionally broad term that includes law firms and business that they represent ' to share cyber threat information'
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Predictive Analytics in a Data-Driven World
The use of predictive coding in e-discovery answers the need to automate document review for discovery purposes. Why is automation of this process now so necessary? Because Big Data is upon us, and the legal profession is as much affected by this mountain of information as is business. We need automation to make our way through this.
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Technology and Other People-Driven Endeavors
Social networking has become the primary means of sharing knowledge and information for increasing numbers of individuals and organizations. Traditionally, businesses ' and law firms especially ' have been more concerned with the potential risks of adopting social network models into their workflows than with the potential profit-impacting benefits on their organizations.
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Focused on More Productivity and Higher Profits?
Turning time into money begins with the metrics a firm has in place, whether the key performance indicators are being measured and tracked, and how technology is being leveraged to streamline the entire process. technology plays a vital role in not only monitoring and 'policing' these metrics, but financial management and billing technology in particular, can always be tweaked and customized to better firm metrics ' especially as they relate to firm utilization, realization, and A/R aging.
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- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›