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Cyber Insurance Costs Are on the Rise, But Law Firms Can't Afford to Forgo It
December 01, 2022
While law firms are feeling first-hand the impact of a cyber insurance market struggling to stabilize, the full extent of all the changes have yet to fully hit home.
The Case for Having A Lawyer As Your Financial Planner
December 01, 2022
The accounting industry picked up on this idea years ago when the big accounting firms set up subsidiaries offering management consulting services. Lawyers are in an ideal position to offer impartial investment advice because they are fiduciaries.
CRE Case Roundup
December 01, 2022
A compilation of commercial real estate rulings in courts across the country.
Upcoming Event
December 01, 2022
Copyright Year in Review. Dec. 9, 2022
Legal Tech: Twitter's Future and E-discovery
December 01, 2022
Whether Twitter's doomsday is coming is still uncertain. But the threat of loss of years' worth of companies' data could be the impetus behind testing collection tools and reevaluating e-discovery processes.
Meeting Client Expectations
December 01, 2022
The New Reality, for which law firms are scrambling to equip themselves, is that law firms no longer define their own service levels. Now it's the clients, and they have clear expectation parameters.
District Court Provides Guidance on 'Psychedelic Confusion'
December 01, 2022
The U.S. District Court for the Southern District of New York recently provided critical guidance on what the court observed as the "psychedelic confusion" surrounding the intersection of Bankruptcy Code §365, governing the assumption and rejection of executory contracts, and Bankruptcy Code §503, governing administrative priority.
Recent Decisions Fill Gap In §951 Notification Requirement for Agents of Foreign Governments
December 01, 2022
The Northern District of Illinois recently issued an opinion which criminalizes acting in the United States as an agent of a foreign government without notifying the attorney general.
Incident Response Plans and Tabletop Exercises May Be A Waste of Time
November 01, 2022
Developing and delivering an IRP or TTE to improve the effectiveness of your incident response approach, in isolation, does not work. If your incident response preparation activity does not include some fundamental tactical actions, when the time comes and your house is on fire, your breach response will fail to meet your expectations.
Hot Button Enforcement Issues In the New Canadian Consumer Privacy Protection Act
November 01, 2022
Part Four In a Series The conclusion of the series on Canada's recently introduced Consumer Privacy Protection Act looks at hot button enforcement issues in the Act.

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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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