TO LAWYERS SWITCHING PRACTICE AREAS - NOT SO FAST!
May 28, 2009
TO LAWYERS SWITCHING PRACTICE AREAS - NOT SO FAST! No one has been immune from our sluggish economy. Lawyers are seeing pinkslips and downsizing. It makes sense that lawyers with a healthy survival instinct are switching to bugeoning practice areas like bankruptcy, employment and securities. What is more, attorneys who have experience managing complex cases can translate that skill set to other applications. But does that mean that all your law selling resources should be rerouted…
Case Briefs
May 28, 2009
Highlights of the latest insurance cases from around the country.
The Cooperation Clause
May 28, 2009
An insured's alleged failure to cooperate will not often be a successful defense to coverage. Furthermore, even if the claim may have some merit, there must be substantial prejudice, something that an insurer typically cannot prove while the underlying lawsuit is pending.
e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch
May 28, 2009
Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau's preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation's economy may be starting the long recovery economists said would come.
Social Media Policies
May 28, 2009
Being engaged in social networks has enormous value for your firm. Achieving those benefits, however, requires participation by members of your firm. Best practices can be applied firm-wide that help achieve your business goals and protect the firm. For starters, that means understanding the legal ramifications of online engagement and the fuzzier, but no less important, implications of the use of the virtual microphone or TV station to enhance your firm's reputation. The first thing you must do is create a social media policy ' or modify an existing policy that is free and available for you to borrow.
Emerging Issues in D&O Liability Insurance
May 28, 2009
Due to recent statutes and case law increasing directors' and officers' duties and exposure to potential liability, demand for D&O insurance has increased rapidly in recent years. This increase in demand has led to a significant rise in coverage litigation to define and interpret the language of existing policies. This article discusses a few emerging issues that can arise under D&O policies, and how they can impact policyholders.
Ruling Against Contextual Ads Helps to Codify Trademark Use in Commerce
May 28, 2009
While contextual advertising is well accepted in bricks-and-mortar businesses and in traditional publications, it is controversial on the Internet. Courts have not worked out whether (and if so, how) an advertiser may use a competitor's trademark to trigger banner ads or sponsored links displayed along with search results.
Did the Supreme Court Finally Rein in Punitive Damages?
May 28, 2009
Insurers should encourage policyholders to hold firm against the plaintiff's bar's threats of excessive punitive damages jury verdicts by pointing to the <i>Exxon Shipping Co. et al. v. Baker</i> decision and the recent trend of decreased outlier jury verdicts.
'Hold the Arbitration Clause, Hold the Attorney Fees!'
May 28, 2009
Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.
