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e-Discovery Costs and General Liability Coverage: Who Pays When the Rules Are Violated?
November 30, 2007
The e-discovery amendments to the Federal Rules of Civil Procedure and the potential ramifications resulting from violations of these rules implicate an entire subset of potential policyholder liability for which coverage will be sought, including indemnification for monetary sanctions and high verdicts.
Food and Product Safety Litigation: How Will It Affect General Liability Insurers?
November 30, 2007
Litigation stemming from recent product and food safety failures presents a number of important insurance questions under general liability policies. These include questions about the scope of the products-operations hazard, whether non-products coverage is implicated by new theories advanced by the plaintiffs' bar, whether 'no injury' claims for economic harm can be shoehorned into coverage, and whether the many class action claims seeking medical monitoring for potential bodily injury will be covered under general liability policies.
Business Income and Other Time-Element Coverages: Issues Likely to Arise from the 2007 California Wildfires Claims
November 30, 2007
This article examines the nature and purpose of business interruption insurance and forecasts the anticipated coverage issues likely to arise from the 2007 California wildfires. It also highlights a number of other business income coverages that may be implicated for wildfire victims.
Ancillary Businesses Losing Appeal
November 30, 2007
Law firms once dreamed of owning separate businesses to bring in new streams of revenue, and while some achieved that goal, the industry is now largely backing away from a strategy that provided little economic benefit.
Guiding Expenditures on Law Firm Videos
November 30, 2007
Videos are popping up increasingly on firm Web sites, but at least one analyst warns that law firms might be paying too much for too little.
Accepting the OMP Role: Financial and Practice Impacts
November 30, 2007
If gratitude is measured in dollars, office managing partners ('OMPs') are a bit taken for granted. In an informal Recorder survey of San Francisco Bay Area office managing partners, 70% say they work more than when they practiced law exclusively. But only 22% say they are earning more than before they took the post.
Waiver of Attorney-Client Privilege and Work-Product Protection: Proposed New Federal Rule of Evidence Is under Consideration
November 30, 2007
At its Sept. 18, 2007 meeting, the Judicial Conference of the United States approved a proposed new Federal Rule of Evidence regarding waiver of attorney-client privilege and work-product protection. Because Rule 502 is a rule dealing with privilege and because the Rule would govern state courts regarding certain issues, the Rule must be enacted directly by Congress. Accordingly, at press time, the Judicial Conference will now submit the Rule to Congress, which will vote 'yay or nay' by no later than December 2007. If Congress approves the new Rule 502, the Judicial Conference will transmit the Rule to the U.S. Supreme Court by Dec. 18, 2007, keeping it on the path to be enacted on Dec. 1, 2008.
Movers & Shakers
November 30, 2007
News about lawyers and law firms in the commercial leasing industry.
FIN 48: Accounting for Uncertain Income Tax Positions
November 29, 2007
This article provides a brief overview of the two-step, benefit-recognition approach implemented by FIN 48, a summary of the disclosures required by FIN 48, and a discussion of issues associated with protecting FIN 48 compliance documentation from disclosure to taxing authorities.
Update on Lawyer Retirement Perspectives
November 29, 2007
In the newly released Altman Weil Flash Survey on Lawyer Retirement, only 38% of lawyers agreed with the enforcement of mandatory retirement provisions in law firms. However, 50% of respondents reported that their firms currently have mandatory retirement policies. These findings may encourage more discussion and possibly policy changes in U.S. law firms.

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