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Cybersecurity Lawyers Getting Plenty of Company
June 02, 2015
High-profile data breaches in the past few years have been a wakeup call for corporate America ' and made cybersecurity and data privacy the next "it" practice for lawyers. There's been a gold rush to the field, practitioners say ' and the potential rewards have attracted some Johnny-come-latelies and pushed attorneys to seek out new ways of distinguishing themselves as experts.
Your Best Precedent Is Unpublished: Now What?
June 02, 2015
Imagine counsel representing litigants before a court. An attorney for one party takes a position on the issue. The court responds that, in a previously filed pleading, counsel had taken the opposite position on behalf of his or her client. The attorney responds, "No, Your Honor, that was an 'unpublished' filing. Not only am I not bound by it, in this jurisdiction, you are not even permitted to bring that unpublished filing to my attention."
Leading Succession
June 02, 2015
The majority of law firms faced with generational change do not survive into the next generation after the founders retire. This risk of decline or dissolution can be greatly mitigated if your firm plans ahead of time for succession.
Avoid Drowning in Data
June 02, 2015
Data is a rich source for evidence in litigation and, for many companies, a valuable asset. What is less apparent, however, is exactly how to properly manage information and its privacy and security. However, over the past several decades, best practices have been developed for establishing and managing a comprehensive privacy, data protection and information governance program. This article summarizes those learnings to suggest an approach for how to design and run a program that is right for your company.
Insights into the Legal Marketing Association
June 02, 2015
Interested to learn what inspired Adam Severson to become president of the legal marketing global professional association of Legal Marketing Association, the author recently posed a series of questions in order to gain his thoughtful insights. Below are Adam's responses:
Broad Duty to Defend in IL
June 02, 2015
A recent ruling from an Illinois intermediate appellate court confirms that an insurer's duty to defend under Illinois law is broad, extending even to cases where it is clear from the record that a policyholder is unlikely to be found liable in the underlying lawsuit.
Spotting Unreliable Child Interviews
June 02, 2015
Unfortunately, not all child interviews are created equal, and a biased or unskilled evaluator can shape or distort a child's recollection of family history.
<b><i>At the Intersection:</i></b> Scope-Blindness: Confusing Trees with Forests
June 02, 2015
As one of its core principles, Legal Project Management (LPM) emphasizes the need for effective project scoping as a crucial first step for delivering legal services efficiently, predictably, on time and on budget. Most experienced lawyers tell us they scope engagements quite well. In our experience, many of them don't.
Do Same-sex Couples Have a Constitutional Right to Get Married and Stay Married?
June 02, 2015
The U.S. Supreme Court is poised to decide whether any state may prohibit same-sex marriages ' or decline to recognize such marriages ' without running afoul of the federal Constitution. A decision is expected late this month.
<b><i>Voice of the Client:</i></b> The Evolution Between Outside and Inside Counsel
June 02, 2015
In this column, we bring the views and opinions from the client's perspective into focus on issues involving pricing, service, marketing, strategy, differentiation and more. This month, we reached out to Michael Chartock, who has a multi-dimensional lens on these issues.

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  • Disconnect Between In-House and Outside Counsel
    'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
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  • Divorce Lawyers' Obligation to Children
    Do divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.
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  • Upping the Legal Training Ante
    Womble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.
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