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Understanding the Financial Aspects of Impending Retirement
September 28, 2011
There are significant penalties in store for any lawyer who does not make a financial plan for succession into retirement.
Pay Proportional to Performance
September 28, 2011
Pay Proportional to Performance is an important guiding principle underlying good compensation decisions. Individual firms will select different compensable criteria and weigh them according to their specific views. Good judgment will bring the principle alive.
A Firm's Future Depends on Selection of Partners to Serve As Managers
September 28, 2011
This article describes some approaches for selecting partners to manage administrative and substantive areas of a law firm's practice practice.
October issue in PDF format
September 28, 2011
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IP News
September 28, 2011
Highlights of the latest intellectual property news from around the country.
The Domestic Industry Requirement at the ITC
September 28, 2011
The domestic industry requirement at the International Trade Commission has two prongs, one economic and the other technical. Two recent decisions of the ITC examine the economic prong in different factual contexts.
Trademark Issues
September 28, 2011
The U.S. District Court for the Central District of California recently entered a preliminary injunction against a former franchisee, where the franchisor had repeatedly notified the franchisee of various deficiencies, and the franchisor ultimately terminated the franchise agreement.
What Canada's New Anti-Spam Legislation Means for Franchisors
September 28, 2011
Canada will soon have the dubious distinction of having what many believe is the most onerous and comprehensive anti-spam legislation in the world. Franchisors' relationships with customers and with their franchisees will be affected.
October issue in PDF format
September 28, 2011
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A Cautionary Tale: Reinsurer's Bad Faith Disavowal of Agreement Leads to Multiple Damages, Attorneys' Fees
September 28, 2011
Judge Nancy Gertner of the U.S. District Court for the District of Massachusetts recently entered a judgment against a reinsurer, its controlling officer and the reinsurer's intermediary in the amount of $4.1 million for breach of contract, $4.1 million for double damages, $2.6 million for attorneys' fees and $1.6 million for prejudgment interest.

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    Dishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud &amp; Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>
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