'Hold the Arbitration Clause, Hold the Attorney Fees!'
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.
Social Networking And Legal OnRamp
True to all the hype, social networking tools are posed to be the next stage in the evolution of effective client communication. You've been under a rock if you haven't been confronted by the buzz about MySpace, Facebook, Twitter or LinkedIn. These are the most popular online social networking communities, but none of them are specifically targeted to the legal profession (unless your clients enjoy gaudy, blinking Web pages or virtual flowerpots).
Getting Smart About Managing Smartphones
In a recent study, management-consulting firm Altman Weil cited lack of responsiveness as the number one reason clients terminate the services of a law firm. Lawyers need to have reliable, continuous access to clients ' whether they are on the road with a smartphone or in the office behind a desk. Having access to the firm's experienced professionals and extensive supportive resources without service errors, delays or interruptions is critical when a case is on the line.
Court Watch
Highlights of the latest franchising cases from around the country.
Sorting Software With the e-Discovery Application Matrix
With so many products that describe themselves as end-to-end solutions and the resulting struggle in the legal technology community in determining which products solve a particular problem, it was only a matter of time before an enterprising consultant created a tool to navigate the sea of product information.
Technology in Review for a Luddite Lawyer
Every day, someone is predicting a sea change in the way we conduct discovery. However, due to the dogged nature of many litigators, the old "belt and suspenders" style of discovery persists. Many attorneys adhere to the philosophy of reviewing each and every document in the order that they find them. I am not here to predict the downfall of those who are sticking to that philosophy; in fact, I am quite sure that the old methods of approaching discovery will last eternally. However, there may be a better way.
MO Supreme Court Denies Auto Dealer's 'Bad Faith' Statutory Claim
In <i>Parktown Imports, Inc. v. Audi of Amer., Inc.</i>, the Missouri Supreme Court "fixed" an appellate court decision that could have set a precedent with potentially serious implications for automobile manufacturers and other franchisors or distributors because it would have allowed actions to block network changes on a mere claim of "bad faith," even when there is no standing to bring suit under a specific provision governing network changes.
