Three-Way Stop: Project Management, Technology and Process Improvement
September 01, 2016
Legal Project Management has seen an explosion of interest from the legal industry in recent years. It has been touted as the key to efficient legal work and a cure-all for the woes of fixed fees, fee caps, and lawyers who blow budgets. But what are the drawbacks?
The SEC Whistleblower Program
September 01, 2016
Last month, in Part One of this article,we examined the overall structure, operation and experience of the SEC's Whistleblower program over the first five years of its operation. In Part Two herein, we take a closer look at how the Office of the Whistleblower (OWB) processes Whistleblower claims, and we examine the claim decisions rendered through April 2016.
The Troubled Energy and Production (Oil and Gas) Sector
September 01, 2016
The oil and gas exploration sector in North America has been crushed by high debt, globally low oil prices and regional overcapacity. The result: Over 100 oil and gas exploration and production companies have filed for bankruptcy over the past 18 months, and dozens more are expected to follow.
EU-U.S. Privacy Shield Finalized
September 01, 2016
The European Commission concluded more than six months of negotiations both within the EU institutions and with the U.S. on July 12 with the announcement that agreement had been reached on the Privacy Shield scheme to transfer data from the EU to the U.S.
Should You Reconsider Your Bankruptcy Remoteness Strategy?
September 01, 2016
Two recent bankruptcy court decisions have highlighted certain weaknesses regarding bankruptcy remoteness ' a concept that typically arises in the context of structured finance and asset securitization transactions.
Cybersecurity Beyond Traditional Risk Management
September 01, 2016
At a recent CIO panel, an audience member asked the three of us on stage: "What do you see as your number one priority in the coming 12 months?" I responded "cybersecurity" without hesitation. The panelist that followed said that cybersecurity was a priority, but that it is a subset of risk management. This was not the first time I have heard the chief information pro and/or technologist in a large company make that point, and I have to respectfully disagree.
Different State, Different Outcome: Medical Malpractice v. Common Law Negligence
September 01, 2016
Last month, we discussed a recent case in which CA's high court was asked to determine whether a lawsuit was properly pleaded as one for common law negligence, rather than medical malpractice. The answer was crucial to the parties, as it would determine whether the case could go to trial or must be dismissed. The article concludes herein with a look at a similar TN case.
Court Intervention in Child Alienation Cases
September 01, 2016
Prevention of the disintegration of families is such an important goal that judges, traditionally cautious, practical and careful, can be enlisted to actively try to reverse the effects of a family's crisis. When it appears that a child has been alienated from a parent, or soon will be, the necessity for judicial action is especially powerful.
California View: Can <i>Pok'mon Go</i> Players Hold Game Developer Liable?
September 01, 2016
Within the first week of its release, the enhanced-reality game <i>Pok'mon Go</i> garnered 21 million users in the United States alone. The location-based game received praise for getting people out of the house and harsh criticism as a nuisance and for its role in accidents. Among the litany of legal issues the game raises is whether players can hold the game developers at Niantic liable if they walk off cliffs, crash their cars, illegally cross the border or happen upon a land mine.
