Features
Gaps in Coverage After <i>Farmers Mutual </i>
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.
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Changing the Law Firm Business Model
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
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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Supreme Court Misses Chance to Address Difficult Privacy Question
When technology changes the nature of what has been thought of as private, should the response be to continue to recognize that privacy, or to rethink what is private?
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Cost Savings As a Risk Management Strategy
Since the active use of the term <i>risk management</i>, perhaps sometime in the 1980s, I have thought of the confluence of <i>risk</i> and <i>management</i> as an oxymoron.
Filing Multiple IPRs for One Patent
The America Invents Act established <i>inter partes</i> review (IPR) proceedings at the USPTO. Under this new regime, any person other than the patent owner is able to challenge the validity of a patent with a patent office trial. In a growing number of cases, the validity of a patent is determined at the USPTO prior to a district court dispute on infringement. The cost and time benefits of an IPR has encouraged hundreds of Petitioners to partake in these new proceedings.
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CFPB Gets Real About Bitcoin Risks
Consumers should be cautious when using bitcoin and alert the U.S. Consumer Financial Protection Bureau (CFPB) to any problems with the virtual money, the agency said last month after a government watchdog this summer urged the CFPB to engage more on the currency.
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Prenups
With pandemic use of Facebook, Twitter and other online information-sharing tools creating heightened concerns over privacy, more couples are opting to put language into their prenuptial agreements restricting what their future spouse can reveal about them online.
Features
The Appropriate Interest Rate Under ' 506(b)
Discussion of the ongoing battle for post-petition interest for over-secured creditors under section 506(b).
Features
Using IRA Funds to Purchase Life Insurance
Many individuals desire to acquire insurance on their lives using funds held in a qualified retirement plan. The acquisition of insurance using funds within an IRA is beneficial since the Plan uses tax deductible dollars to acquire the insurance. Furthermore, the Plan Funds are not otherwise being directly used by qualified plan participant (Participant) for the Participant.
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- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
- Upping the Legal Training AnteWomble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.Read More ›
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