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What Can U.S. Legislators Learn from the European View of Good Faith?
The concept of "good faith" exists in most civil law jurisdictions but is frequently interpreted in different ways. Common law jurisdictions, such as the United States, however, generally have an uneasy relationship with the concept of a duty of good faith, as is illustrated by the case law and proposed legislation.
Data Breaches and Insurance Coverage
When a breach of the data occurs and confidential information is accessed by unauthorized persons, the financial consequences to the business entity may be substantial. But when that business seeks defense and indemnification from its insurer, the insurer just might push back.
Law 2023: A Look Ahead
The future of the legal industry isn't what it used to be. Or so says a recent report issued by Law2023.org, a group of industry insiders ' including the author' who spent a year studying the trajectory of the legal marketplace.
Business Crimes Hotline
In-depth discussion of several key cases.
Valuation of a Law Firm and a Law Practice
Lawyers leaving a law practice have an economic interest in monetizing their career-long investment in building a client portfolio and a referral network. How each lawyer has accomplished this depends on his or her particular practice, market and style. But while the means may vary, the results are the same ' access to clients who have legal needs. And this is the value the acquirers wish to capture.
Case Notes
Discussion of a case in which a Texas law firm filed a defamation lawsuit over an ex-client's negative Yelp review.
Protecting the IP in Social Media
How much would your company pay for a "like" on Facebook?
<i>Aereo</i> Analysis: What Does the U.S. Sup. Ct.'s Ruling Mean?
In June, a 6-3 majority of the U.S. Supreme Court held that Aereo's streaming service ' which allowed customers to view over-the-air TV broadcasts via the Internet ' violated the broadcasters' public performance right under the Copyright Act. Applying what the dissent derided as "an improvised standard ('looks-like-cable-TV')," the majority held that Aereo infringed copyrights owned by the television networks.
Communicating in the Moment: Managing Expectations Is The Key to Great Client Service!
The stature and credibility of any marketing and business development team in the country is based on the experiences that internal clients have with the team. The challenge occurs when a ball gets dropped; no matter how significant or insignificant, "marketing" dropped the ball.
Bankruptcy Jurisdiction: From <i>Stern</i> to <i>Executive Benefits,</i> <i>Wellness International</i> and Beyond
By virtue of its decision in <I>Executive Benefits</I> and its grant of certiorari in <I>Wellness International</I>, the Supreme Court has demonstrated that any further clarification of its decision in <I>Stern</I> will come slowly and deliberately.

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