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Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill'
April 01, 2021
The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not protected by attorney-client privilege.
Why Untangling the CISO from IT Can Improve Governance and Security Outcomes
April 01, 2021
Despite the fact that the CISO's duties are growing in scope and importance, and data protection has become a board-level concern, many security leaders still do not have a direct line to the CEO.
California Court of Appeal Rules on Formerly Licensed Attorney Who Continued as Talent Manager
April 01, 2021
Conflict of interest is a red-flag concern when an attorney becomes a talent manager. But what happens when a formerly licensed attorney continues to provide management services for talent?
The Legal Industry Pivoted Quickly in the Wake of COVID-19, and Recent Surveys Suggest There's No Turning Back
April 01, 2021
This article discusses the key lessons that can be taken from a series of recent surveys that seek to understand the long-term impacts of COVID-19 on the industry from the perspective of legal executives and frontline lawyers in U.S. firms and corporate law departments.
Is Your Firm Prepared for the 'Silver Tsunami'?
April 01, 2021
A Silver Tsunami of aging partners is threatening the legal profession. There's a way to higher ground.
Foreclosure Statute of Limitations
April 01, 2021
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York's court system in the aftermath of last decade's mortgage crisis.
No Delay for Weinstein Victims Trust Plan
April 01, 2021
A U.S. District Court Judge for the District of Delaware judge ruled not to grant a motion that would have stayed a liquidation plan setting aside $17 million to settle with those who have claimed sexual misconduct by former film industry executive Harvey Weinstein.
Why Law Firms Need to Know About the 'Excess Share of Voice' Rule
April 01, 2021
Every time a brand is mentioned in the media, authors an article, posts on social media or runs a series of ads, a conversation is happening. The conversation is amplified when the audience engages by sharing the article, commenting on the social media post or clicking on the ads. All of this activity results in a certain share of voice.
Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical
April 01, 2021
Chapter 15 specifically allows foreign representatives to conduct discovery in the U.S., but be wary of other entities that seek to distract and/or delay the Foreign Representative from the asset search.
10 Tips for Navigating the Commercial Tenant Bankruptcy Process
April 01, 2021
Retail, entertainment and hospitality have been hit particularly hard by government-mandated COVID-19 shutdowns. For many, the road ahead will end in, or lead through, bankruptcy. Bankruptcy law has a language of its own, making it challenging to navigate the process for everyone involved, including for the landlords of bankrupt businesses worried about missing rent payments.

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