Why the Cannabis Industry Must Address the Unique Challenges of Mandated Data Retention
April 01, 2020
Two overarching factors increase the cannabis industry's data security risks: data sensitivity brought on by federal illegality and lingering cultural divisiveness; and massive, mandated data footprints brought on by intense state and local regulatory scrutiny.
The Coronavirus Is Delaying a Construction Project. What Does Your Contract Say?
April 01, 2020
Construction project delays that could put developers in default of their contracts. Now is the time to re-examine those contracts to see what exactly they have agreed to.
New Normal Sets In for White-Collar Lawyers in the Virus Era
April 01, 2020
In a practice that prizes in-person meetings, virtual communication has become commonplace.
Legal Tech: Recovery Models for e-Discovery and Litigation Support Services that Make an Impact
April 01, 2020
With big data and the resulting explosion of electronic documents, texts, images and voicemails that are subject to discovery, the cost burden was increasing at a pace that required firms to reconsider their recovery approach. This is why in 2019, Mattern conducted its first deep dive into e-discovery and litigation support cost recovery in the 2020 e-Discovery and Litigation Support Cost Recovery Survey. Some of the results were surprising.
Law Firm Mergers and Predictions for the Year 2020
April 01, 2020
2019 went down as another record year for law firm mergers. But what do the numbers teach us? Did the tendency to merge apply to law firms across the board? Is the merger mania likely to continue in 2020? What was the impetus for record number of mergers? This article breaks down the available data to answer these questions and attempts to give us a glimpse into the future.
Asset Protection, Pre-Bankruptcy Planning and Code §727(a)(2)(A)
April 01, 2020
This article examines asset protection and pre-bankruptcy planning and its impact on a debtor's discharge through Bankruptcy Code §727(a)(2)(A).
Construction Management Agreements: Pricing
April 01, 2020
This article covers the pricing of construction management agreements (CMAs), including the fee of the construction manager, general conditions costs, subcontract costs, contingency and insurance. Note: Where appropriate, we will make distinctions between "cost-plus" and guaranteed maximum price (GMP) CMAs.
Case Notes
April 01, 2020
Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option
Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
Client Maximization: Doing Well by Doing the Right Things
April 01, 2020
Making the most of your firm's client base need not be a costly undertaking. There are several steps a firm of any size can undertake to improve client experiences, ultimately, while also increasing the firm's chances of thriving.
The Importance of 'Particulars' in Criminal Fraud Cases
April 01, 2020
This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The decision in that case highlights the importance of seeking bills of particulars in fraud cases.
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- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›