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A Terrible Trap
April 26, 2013
The FAR trap that is buried deep ' is found at 3.1003 and 52.203-13 and is known as the 'mandatory disclosure rule.'
The Federal Prosecutor As Regulator
April 26, 2013
In the heavily regulated health care sector, the line between human error and a knowing "false claim" can be indistinct, aided and abetted by prosecutors' reliance on the FCA-defined concepts of "reckless disregard" and "deliberate ignorance" as proxies for proof of actual knowledge.
Litigating Complex Environmental Cases
April 26, 2013
In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.
When Worlds Collide
April 26, 2013
Until recently, the public finance world simply did not experience significant defaults. Until now. A look at recent litigation.
In the Spotlight: The Assignment Clause in an Agreement of Sale
April 26, 2013
No party may assign this agreement: If this is the clause in an agreement of sale, the negotiating attorneys have not sufficiently protected their clients' interests.
Parking: It's Not Just About the Ratios Anymore
April 26, 2013
New approaches to parking are offering retailers and developers greater flexibility and the opportunity to reduce costs and environmental impacts.
<b><i>Online Exclusive</b></i> Controversial Cybersecurity Bill Passes in House
April 24, 2013
Congress is once again pushing forward on a controversial bill to bolster the nation's cybersecurity, which could end up changing how law firms and their clients respond to online threats. The House passed the Cyber Intelligence Sharing and Protection Act (CISPA) on April 18, sending the legislation to the Senate. The bill would allow 'cybersecurity entities' ' an intentionally broad term that includes law firms and business that they represent ' to share cyber threat information'
There's A Leak in My Firm
April 15, 2013
OK, somebody talked to the press, and leaked information that shouldn't have been leaked. That's three problems, not one. Primary, of course, is how we control the damage caused by the leak. Then we worry about who did it.
Predictive Analytics in a Data-Driven World
March 29, 2013
The use of predictive coding in e-discovery answers the need to automate document review for discovery purposes. Why is automation of this process now so necessary? Because Big Data is upon us, and the legal profession is as much affected by this mountain of information as is business. We need automation to make our way through this.
Technology and Other People-Driven Endeavors
March 29, 2013
Social networking has become the primary means of sharing knowledge and information for increasing numbers of individuals and organizations. Traditionally, businesses ' and law firms especially ' have been more concerned with the potential risks of adopting social network models into their workflows than with the potential profit-impacting benefits on their organizations.

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