<b><i>Leadership:</i></b> Growing Thick Skin
October 02, 2015
Having thick skin is critical to success in law firms, especially when your job centers on developing programs that help a firm compete in a dynamic and increasingly competitive environment.
Ninth Circuit Insulates Corporate Insider from Preference Liability
October 02, 2015
"A corporate insider who personally guaranteed" the debtor's loan was not liable on a bankruptcy trustee's preference claim when the corporate debtor repaid its lender, held the U.S. Court of Appeals for the Ninth Circuit on May 6, 2015. This article analyzes the ruling.
<b><i>Media & Communications:</i></b> Lawyers: Stop Hatin' on Marketing
October 02, 2015
Most lawyers don't like or understand marketing. This distaste is understandable. Bad marketing is both unnerving and potentially professionally unethical. But another reason lawyers don't like it that that they think it has no use other than to try to convince people to part with their money. This idea completely false. And it needs to be
Postscript on Equitable Mootness
October 02, 2015
Last month, the Third Circuit handed down another important equitable mootness decision, <I>In re Tribune Media Co.</I> This article discusses the ruling.
Social Security Benefits in Divorce Cases
October 02, 2015
One of the most important family law issues that vary from state to state is the question of whether Social Security benefits should be considered or offset when making property determinations. There is quite a bit of law on the subject and a thorough review of your own state's applicable law is required.
Regulatory Investigations Following a Reported Data Breach
October 02, 2015
In BakerHostetler's inaugural Data Security Incident Response Report, we found that regulators inquired about a company's breach 31% of the time and multi-state state Attorneys General investigations were launched less than 5% of the time. A post-breach investigation is not guaranteed. Certainly, in large, highly public incidents, companies can expect at least an inquiry if not a full-blown investigation.
How Consumers Are Shoplifting from the Comfort of Their Own Homes
October 02, 2015
Online retail has completely transformed the way the world goes shopping. It is projected that consumers worldwide will spend nearly $1,700 billion in online sales this year. Consumers are leaving the physical swiping of cards and exchange of cash behind for the ease and convenience of a card-not-present transaction. But more important than the effect on brick-and-mortar, this paradigm shift is reshaping the way consumers think.
Upsetting the Apple Cart?
October 02, 2015
Observers of federal compliance monitors are accustomed to seeing them appointed after negotiation, commonly by deferred prosecution agreements (DPAs) in criminal matters or by consent decrees in civil matters. The monitorship in the Apple e-books antitrust case is a notable exception. This article discusses the proceedings.
How Effective Has VARA Been?
October 02, 2015
The Visual Artists Rights Act of 1990 (VARA) was enacted as an amendment to copyright law for the United States to really get on board with the Berne Convention. Finally, hardworking American authors of original works of fine art would be granted a few "moral rights." That was the promise. But where are we, 25 years in? What artists are granted these rights, and what stands in the way of exercising them?
The Uniform Premarital and Marital Agreements Act
October 02, 2015
This article will compare key provisions of the UPAA, the UPMAA, and the law of New York, the largest state that has not adopted either uniform act. The differences are detailed in a chart in Part Three of this article.
