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Liability Exposure When Experts Flub
January 01, 2017
In civil litigation, when retained or testifying experts err materially, causing a case or settlement loss, do they get some kind of immunity so that access to experts is not "chilled" by allowing experts to be sued frequently? The answer to this question is not so easy.
Managing Product Liability Litigation
January 01, 2017
Relationship building between in-house and outside attorneys is key to managing a product liability lawsuit. Trust is the core of the relationship.
True Partnerships Reward Partner-Like Behavior
January 01, 2017
A true partnership requires a compensation structure that rewards partner-like behavior — collegiality, mentoring, expansion and transition of client relationships to fellow partners, and a consensus to pursue long-term strategies promoting institutional stability rather than maximizing short-term profit metrics.
Counsel Concerns
January 01, 2017
Cases and news of note for entertainment attorneys.
In Light of Recent FTC Actions, Review Your Privacy Policy
January 01, 2017
The United States does not have comprehensive legislation addressing the privacy implications of the collection and use of geolocation data. However, the Federal Trade Commission (FTC) has used its enforcement authority under Section 5 of the FTC Act to regulate companies engaged in unfair or deceptive practices involving geolocation data.
Rebound Year Forecast for 2017
January 01, 2017
It is expected that equipment and software investment for 2016 will ultimately close down 1.1%, including three consecutive quarters of declining growth. This trend is expected to reverse in the new year, however, as investment in equipment and software is expected to grow 3.0% in 2017, according to the Annual 2017 Equipment Leasing & Finance U.S. Economic Outlook released by the Equipment Leasing & Finance Foundation.
Development
January 01, 2017
Analysis of key Zoning Board of Appeals decisions.
WhatsApp, Encryption and the Battle with Law Enforcement
January 01, 2017
It is widely accepted that much of today's communications are digital — and as a result, the encryption of data, the privacy laws governing that data, and the role that governments play when national security and law enforcement issues are at stake is a very hot topic.
Joint Infringement Post-Akamai: Understanding the Impact on Prosecution and Litigation Strategies
January 01, 2017
This two-part article aims to deconstruct the new joint infringement standard, provide insight into how the standard might be interpreted and provide practice tips for prosecution and litigation. Part 1 chronicles the <i>Akamai</i> cases that ultimately resulted in a new standard for joint infringement and explores the potential interpretations of that standard.
Rules for Investing In NNN Deals
January 01, 2017
<i><b>The Mysteries and The Risks</b></i><p>The triple net lease, or NNN (also known as a bondable lease), is a common lease structure used in commercial real estate. Even though it has become widely popular, the most seasoned investors and their advisers do not always fully understand the details.

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  • 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.
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  • Divorce Lawyers' Obligation to Children
    Do divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.
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  • Upping the Legal Training Ante
    Womble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.
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