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Sharpening the Focus on Legal Technology: 2009
October 28, 2009
For the past nine years, the <i>InsideLegal.com/ILTA Member Technology Purchasing Survey</i> has been a breath of fresh air for lawyers, law firms and law departments looking to base technology decisions on solid data rather than on anecdotes. 2009 is no exception, and the survey comes at a unique time of economic difficulty where solid data about what is happening in the market is especially elusive and valuable.
Addressing Corrupt or Damaged Document Issues
October 28, 2009
An attorney's words are his or her livelihood. Beyond the research, and knowledge of the law, all of that information has to go somewhere. And generally, it goes onto paper, or from the spoken word to the judge, jury, opposing counsel, client ' you know the rest. Let's focus on what you've put on paper and how <i>not</i> to have to re-type anything should a document become corrupt.
The Sorcerer's Apprenticeship
October 28, 2009
Apprenticeships for new lawyers sound promising and the firms that are implementing them should be commended. However, under the current system of legal education and private practice, this model may not be realistic for most law firms.
A New Leadership Model Is Needed
October 28, 2009
Before firms can address the changes they need to make in their management and leadership, they must identify and understand the trends and issues that have developed, and the challenges they are creating. The list is extensive.
Linking Autism Injuries to Childhood Vaccines
October 26, 2009
Does the Vaccine Act preempt all design defect claims in state and federal court? Parents convinced that their children's autism has been caused by inoculations, and their attorneys, recently achieved a surprising victory on the issue when the Georgia Supreme Court ruled that a plaintiff's design defect claims are not barred by the Vaccine Act's preemption clause.
Children's Products
October 26, 2009
A manufacturer cannot assume that just because its product is in compliance with the CPSIA, the product is also in compliance with California's statutes, or vice versa. Ultimately, only a product-specific analysis can determine whether a product that complies with the CPSIA is also compliant with California's AB 1108 and Proposition 65.
Lessons Learned: The DOJ's Crackdown on Hiring Practices
October 26, 2009
Over the past several months, the DOJ has begun investigating several leading technology companies for possible violations of the antitrust laws. One focus of the multi-faceted investigation is whether certain companies have violated antitrust laws by agreeing among themselves not to recruit one another's employees.
Document Retention and Spoliation
October 26, 2009
Corporate counsel should note recent legal developments surrounding spoliation ' the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation. This violation occurs when one party intentionally or negligently breaches its duty to preserve potentially discoverable evidence.
Corporate Internal Investigations
October 26, 2009
While companies conduct internal investigations for many reasons, the results of these investigations are often shared with the government. But the disclosure required by that cooperation leaves open the real possibility that the attorney-client privilege and the work product doctrine may be waived.
Leveraging Your Lease in These Turbulent Times
October 26, 2009
Now is the time for retail landlords and tenants to put themselves in the strongest possible legal and economic position. Using the steps in this article, a landlord or tenant can proactively evaluate where it currently stands, identify positions of strength and weakness, and execute on the strongest possible strategy.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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