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Maintaining the Attorney-Client Privilege Even with a Third-Party Presence
January 31, 2016
Recently, faced with pressure to increase efficiency, companies have increased their dependence on outside entities to complete tasks that were once reserved for in-house employees.
The Invasion of the Right of Private Occupancy As a Covered Offense
January 31, 2016
As explained by several courts, "[p]ersonal injury liability is a theory-based coverage. It defines its coverage in terms of offenses, or theories of liability, not in terms of the injury sustained by the plaintiff."
Verdicts
January 31, 2016
Due to a med mal verdict, an ex-prisoner's estate receives $1.75 million .
Contextual Leadership
January 31, 2016
Leadership development has traditionally focused on the leader, with little thought about the variety of people the leader needs to engage, or the context in which he or she must operate. This is an outdated perspective for law firms and law departments in a world whose future is uncertain and unclear, whose context is volatile and complex, and where formal authority and expertise aren't as powerful as they once were.
Preparing for the DOL's Final Rule on FSLA's 'White-Collar' Exemptions
January 31, 2016
The salary level proposed in the Notice of Proposed Rulemaking (NPRM) published in the Federal Register in July 2015 would more than double the current salary level for "white-collar" employees to be exempt from the FLSA's overtime requirements. Such an increase in the salary level would have wide-reaching implications for employers and employees alike.
A Cure By Any Other Name
January 31, 2016
Section 1123 (a)(5)(G) of the Bankruptcy Code provides that, "[n]otwithstanding any otherwise applicable nonbankruptcy law, a plan shall ' provide adequate means for the plan's implementation, such as ' curing or waiving of any default." But what, exactly, does it mean to cure a default?
Cost Recovery in 2016
January 31, 2016
2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.
Upcoming Event
January 31, 2016
SXSW Music Conference 2016 CLE Program. Austin, TX, March 18-19.
'Watch Your Attitude, Petitioning Creditors!'
January 31, 2016
The Bankruptcy Code contains relatively clear and straightforward requirements and standards regarding the eligibility of creditors to file an involuntary bankruptcy petition against a debtor. If such criteria are met, do the creditors' intentions, which are not specifically referenced in this context in the statutory framework, come into play at all?
Contentious Litigation
January 31, 2016
As we discussed in the Part One of this article, defense attorneys are increasingly finding themselves faced by opposing counsel bent on using any means possible to harass them and their clients, leading to a more contentious litigation environment than is really necessary. We continue herein with a review of some of those tactics, and we consider how they may be addressed.

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