Applying Merger By Deed Doctrine to Real Estate Transactions
September 01, 2024
Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.
From Pixel Stuffing to Bots: Avoiding Ad Fraud In Class Notice
September 01, 2024
Class action notice programs in the settlement context are not immune from fraud. Class counsel has a fiduciary duty to protect the best interests of the class, therefore protecting notice programs and the effectiveness of a digital advertising campaign is critical.
The Benefits of Blockchain for e-Discovery and Data Preservation
September 01, 2024
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.
5 Ways Small and Midsize Law Firms Can Improve Realization Rates
September 01, 2024
Smaller law firms can significantly increase their chances of competing with large "Goliaths" by bringing an industry focus, maximizing their digital footprint, building processes and systems around the pitch/proposal process, looking backwards for strengths, and engaging in social media.
The 4th Amendment and ESI
September 01, 2024
Courts continue to grapple with the specificity of description required by these warrants for electronically stored evidence so as not to undermine the particularity required by the Fourth Amendment.
Supreme Court Puts End to Prudential Barriers In Chapter 11 Appeals
September 01, 2024
The Supreme Court's holding ensures that insurers who have long been silenced in Chapter 11 proceedings will now be heard. It is also a shot across the bow for two other judge-made, atextual doctrines that bar consideration of the merits in Chapter 11 appeals.
Identifying and Articulating Your Differentiator
September 01, 2024
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions
While humility is incredibly important in business and law, it is equally important to identify and articulate what you do well — really well — in your practice. Those who can ascertain, embrace and communicate their differentiator(s) will be well-positioned for steady practice and client growth.
Approving Attorney Opinion Letters In Lieu of Title Insurance Is Trending, But Use With Caution
September 01, 2024
Despite being more affordable than title insurance, attorney opinion letters should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.
Eighth Circuit Expands Its Copyright Law Jurisprudence
September 01, 2024
The Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.
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