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Excess 'Follow Form' Policy Obligations: Determined By Primary Policy, Not By Primary Insurer

January 30, 2008

A recent decision by the Supreme Judicial Court of Massachusetts appears to be the first to squarely address whether or not an excess insurer is bound to a primary insurer's coverage and settlement decisions by virtue of the 'follow form' nature of the excess policy. The court, relying in part on legal decisions upholding the separate and independent nature of primary and excess insurance contracts (and the rights and responsibilities under each), held that follow form excess insurers are not so bound.

Climate Change: D&O Issues for Policyholders

January 30, 2008

Directors and officers are developing strategies to address the business impact of climate change and the potential financial impact of current and future greenhouse gas regulation. Among the challenges they face are how to address disclosure obligations related to these financial risks and how to maximize potential insurance coverage under directors' and officers' liability insurance policies should climate-related claims be asserted.

Movers & Shakers

January 30, 2008

News about lawyers and law firms in the franchising industry.

News Briefs

January 30, 2008

Highlights of the latest franchising news from around the country.

Court Watch

January 30, 2008

Highlights of the latest franchising cases from around the country.

Professional Development: Making Rain by Being You

January 30, 2008

Lackluster business development efforts are seldom tied to that part of your practice you enjoy, the part that is ' well ' fun. After all, doesn't generating new business mean you can work on matters you really enjoy? Stop dreading networking and start focusing on those parts of your practice you adore. If you picture your ideal practice five years hence and start there, business development will become less of a chore and more of an extension of your passion.

Changes to State Civil Rights Statutes: The Continued Increase of Employment Liability Risks

January 30, 2008

This article reviews recent changes to Maryland's Fair Employment Act and addresses the interaction between various discrimination laws and the issues that most employers need to consider.

Technology in Marketing: Using the Web

January 30, 2008

The legal industry hasn't been known to be the most innovative industry when it comes to cutting-edge interactive marketing. But a handful of firms are challenging that assumption.

The Place to Network: Jumpstart Client Development with Social Networking

January 30, 2008

Teens, college kids and recent graduates have grown up with the Internet and social networking sites in their bloodstreams ' they are constantly communicating with each other through Web sites. If you not convinced that you're slightly out of the loop on this trend, ask yourself when was the last time you got 'poked' or 'threw a sheep' at someone on Facebook? The truth is the social networking is rapidly becoming a highly viable way for attorneys to expand their books of business.

Franchisee Chapter 11: A Primer for Franchisors

January 30, 2008

This article addresses the challenges faced by franchisors when their franchisees file for Chapter 11 bankruptcy.

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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity Litigation
While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.
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Marketing Analytics: More Is Not Always Best
In the past few decades, law firms have made great strides in catching up with the rest of the corporate world and are reaping the benefits of all kinds of marketing. This acceptance by firm management is in great part due to an increased appreciation of analytics, made possible by digital marketing and social media.
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