Client Audits
Client Audits have proven to be a valuable tool in support of a law firm's strategic plan and related client relationship expansion efforts.
Leadership Needed
During a recession, the fact that partners may be high-quality lawyers is simply not enough. Leadership and sound management practices are required to manage the firm's resources, ensure adequate cash flow, and develop and implement the marketing and planning processes.
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China's Transition to a VAT System
Over the past 12 months, China has begun to transition from a business tax ("BT") system to a Value Added Tax ("VAT") system using Business to Value Added ("B2V") pilot programs. These B2V pilot programs have been introduced in Beijing and Shanghai for certain industries, including legal consulting services.
Features
Leasing Technology and the Business of Law
Leasing technology may or may not be the right decision for your firm; however, in the spirit of the season ' budget season, that is ' this article highlights the seven best practices when leasing technology as well as the seven deadly sins to avoid.
Features
<b><i>ONLINE EXCLUSIVE:</i> Second Circuit Rules Part of DOMA Unconstitutional</b>
The Second Circuit has ruled that the definition of marriage in the Defense of Marriage Act violates equal protection and is thus unconstitutional.
Features
<b><i>ONLINE EXCLUSIVE:</i> Second Circuit Rules Part of DOMA Unconstitutional</b>
The Second Circuit has ruled that the definition of marriage in the Defense of Marriage Act violates equal protection and is thus unconstitutional.
Features
Civil Authority Provisions in Property Policies
Courts have generally interpreted "civil authority" provisions as requiring that access to the insured premises must be made impossible and have consistently resisted attempts by insureds to expand coverage to situations where access to the insured premises is merely made inconvenient.
Do Pollution Exclusions Apply to Non-Polluters?
This article addresses an issue that is being increasingly raised in one guise or another: namely, whether pollution exclusions can apply to parties who have no connection whatsoever to pollution — <i>i.e.</i>, non-polluters.
Features
<i>FTC v. Google</i>: Lessons Learned
Twice in less than 12 months, the FTC has investigated Google Inc.'s personal data-handling practices to compare them with Google's representations made in its website privacy policy and other documents. And twice in less than 12 months, the FTC has determined that Google's practices constituted misrepresentation.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›