e-Meetings: The Same As, And Different From, Traditional Meetings
October 31, 2005
e-Meetings have the same Constitutional protections and require lawyers to take the same precautions to preserve associated privilege as they must in traditional meetings. It is important then for counsel advising e-businesses and those conducting e-meetings to note ' and for those participating in them ' that e-meetings impose the same ethics requirements for confidentiality that traditional meetings do. <br>But the ethereal nature of e-meetings can induce in participants and counsel a false sensation of security, which is something to guard against. This false sense of security is erroneously based on the belief that the Internet hides identity, and that because of that, confidentiality perhaps needn't be a concern.
Use e-Billing Or Lose Business
October 31, 2005
Today, the vast majority of the top 200 U.S. law firms are sending electronic invoices to one or more clients. Many work with four or more e-billing vendors, depending on the client demands. Electronic billing can provide significant value to the firm and to its clients, but it is absolutely imperative to align corporate client e-billing goals with law-firm participation and vendor functionality. With proper alignment and support, e-billing is a powerful tool that strengthens the relationship between the attorney and client.
Managing Digital Risk
October 31, 2005
Few areas of information security are as misunderstood, or as critical to understand and employ, as digital risk management. Some organizations see it as an information technology (IT)-only issue. Others view risk management as relevant to everything but IT. <br>But the truth is that digital risk management is one of the most important components of an effective information-security program. For many industries, including the legal profession, digital risk management is also an integral part of a business' strategy aimed at enabling revenue while reducing risk for clients and law firms. <br>And, for organizations involved in e-commerce, digital risk management can make the difference between futility and fortune.
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October 27, 2005
Federal judiciary supports citing unpublished opinionsThe Judicial Conference of the United States has approved new Rule 32.1 of the Federal Rules of Appellate…
Domestic Violence: Family Law Attorneys Can Get Caught in the Crossfire
October 14, 2005
Domestic violence probably impacts at least a few, if not several, of the clients you assist each year. In this Special Issue, we focus on some of the problems endemic to domestic violence: the plight of the victim when police protection is inadequate; the consequences to the perpetrator when Family Court issues impact on Criminal Court proceedings, and vice versa; and what can happen to attorneys who get swept up in their clients' problems to become potential victims of violence themselves.
Respond to Recalls: Claims and Defenses
October 05, 2005
Consumers often ignore product manufacturers' recalls of defective products despite manufacturers' best efforts. The unfortunate but inevitable result is that some consumers are injured. A reasonable defense for manufacturers is that the consumer's fault in ignoring the recall negates their liability. The limited authority available, however, indicates that a manufacturer probably will not be completely exonerated from liability. A consumer's failure to respond to a recall, nevertheless, can be raised as a comparative fault defense. This article reviews existing authority and suggests strategies for manufacturers and consumers when this situation occurs.
Looks Can Be Deceiving (and Costly): The Legal Implications of Counterfeit Products to a Pharmaceutical Manufacturer
October 05, 2005
The World Health Organization has estimated that drug counterfeiting affects 5-8% of all drugs, representing approximately $10-$15 billion to the U.S. pharmaceutical market alone. The Food and Drug Administration has estimated that approximately 10% of the drugs in worldwide distribution are counterfeit, with most being sold in developing countries. Not surprisingly, the most commonly counterfeited drugs are those with the largest sales, as well as drugs with high profit margins and drugs that are easier to counterfeit.