Features
The Scope and Limits of Article 9
A discussion of the three major categories of personal property liens excluded from Article 9, in whole or in part.
If You're Not on Facebook, You're Committing Malpractice
Imagine you're cross-examining a witness about a phone call, but you've never used a telephone before. Ridiculous, right? But is it any different than wading into a new client matter where social media communications are at issue without having ever used social media?
Features
Insurance Coverage Disputes over Data Breaches
Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.
Employee Departures and Data Loss
There are numerous ways to lose or fail to identify employee electronically stored information that could reasonably be relevant to litigation or a subpoena, and it seems that new sources appear regularly.
Features
Surviving the Medical Malpractice Claim
When a doctor or other health care provider learns that he or she is the subject of a medical malpractice suit, one of the first things the defendant will want to do is find the most top-flight legal representation possible. But how can the physician know which defense attorney is the right one for the case?
Features
SEC Narrowly Adopts Money Market Fund Reforms
Years of debate between regulators and the securities industry dating back to the financial crisis came to an end on July 23 when the SEC narrowly approved rules aimed at lessening the risk of investor runs on money market funds.
Columns & Departments
Drug & Device News
Analysis of several major cases.
Features
Protective Orders
When a person is contemplating obtaining a civil protection order barring a spouse or other family member from making contact with him or her, that person has relative control over the situation: But how much say does the victim have when a protective order is issued in his or her favor as part of a criminal proceeding?
Features
In the Spotlight: Use It or Lose It!
Can a landlord who fails to collect rental payment increases recover the unpaid amounts years after such amounts should have been due, or even after the expiration of the lease, despite the fact that the landlord failed to seek such payments throughout the term of the lease?
<b><i>Practice Tip:</b></i>Divorce: The Silver Lining
Divorce rates are on the rise as the U.S. economy slowly improves and rebounds from the recession. While some may view a rise in divorce as a negative statistic, there is a positive corresponding impact: Separating couples actually help further improve the economy. This applies not only to divorce lawyers' bottom line, but also to the real estate and consumer markets and our labor force.
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MOST POPULAR STORIES
- 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 ›
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