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Total Staff Training in Legal Ethics
Legal ethics training has traditionally focused on attorneys. Law school training and continuing legal education are staples of the professional development require-ments for lawyers. Ethical training must be widened, however, due to tremendous growth in the num-ber of law office support personnel, the complexity of practicing in a multi-jurisdictional environment, and the ever-changing use of technology. Failure to implement an office-wide ethics plan with training for all employees can have practical and financial repercussions for lawyers.
The ABA Model Rules of Pro-fessional Conduct specifically mandate that 'a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer' (Rule 3.5(b)).
Some non-attorney personnel may have had formal ethics training. In particular, graduates of many paralegal training programs have taken courses on legal ethics and understand their re-sponsibilities to attorneys and clients. But many ethically sensitive functions in a law office are performed by staff workers who have not been trained in state bar rules and other guidelines for professional conduct. Bridging this ethical knowledge gap is an important way to avoid potential embarrassment and liability.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?