Social Media Scene: Teach Your Lawyers Well
February 29, 2016
One size does not fit all when it comes to social media training for lawyers, and those responsible for such training must take into account different levels of sophistication and comfort, which are not necessarily based on generations.
The Raising of a Privacy Shield
February 29, 2016
On Feb. 2, 2016, the U.S. Department of Commerce and European Commission unveiled a new framework for personal data transfers from European Union (EU) Member States to the U.S. The new framework ' dubbed the EU-U.S. Privacy Shield ' will replace the EU-U.S. Safe Harbor program, which was invalidated by the European Court of Justice (ECJ) in 2015.
Real Property Law
February 29, 2016
Several major rulings are analyzed and discussed in depth.
Top Security Intrusion Trends the Legal Community Should Watch
February 29, 2016
Lawyers are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters. Legal counsel, as trusted neutral advisors, are uniquely qualified to help navigate risk considerations and bridge customer deliverables and workforce expectations with adequate security and shifting legal requirements. As a result, it is important that lawyers understand the latest trends in cyber intrusions.
Extracting the 'Consent to Settle': A Game Plan for Insurers and Defense Counsel
February 29, 2016
Consent-to-settle provisions in medical malpractice insurance policies present challenging issues to insurers, defense attorneys and policyholders in the context of defending professional liability claims. Most liability insurance policies cede the ultimate discretion over settlement decisions to the insurer. Medical malpractice policies are outliers from the norm in the insurance industry.
Med Mal News
February 29, 2016
Discussion of a wrongful death case in which a lawyer was sanctioned for a sexist comment.
Expert Testimony on Industry Practice
February 29, 2016
Recently, the Second Circuit held that expert testimony regarding how a "specialized securities market" operated was relevant and potentially "highly" probative of the question of whether the defendant's misstatements to investors were material. Because juries are tasked with determining materiality, the notion that experts can opine on overarching industry practice that is not case-specific appears surprising.
Structured Dismissals and Application of Non-Estate Proceeds
February 29, 2016
One of the more significant changes to Chapter 11 practice has been the use of section 363 to sell the assets of a debtor, prior to confirmation of a plan, as a means to restructure and maximize value. This transactional use of the Bankruptcy Code has, by necessity, changed how cases are administered.
