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Attorney Competence in Technology Is in the Spotlight. Are You Competent?
Early ethics rules date back to 1908. The current ABA Model Rule 1.1 on Competence, adopted in 1983, addresses the client-lawyer relationship with a focus on legal skill:
"A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."
Attorney Competence Includes an Understanding of Technology
By 2010, Amicus Attorney and a handful of other practice management platforms were cloud based, and the industry was buzzing about cloud technology and data security. Early email programs such as Hotmail were replaced by the first release of Microsoft Outlook.com in 2012. Attorney adoption of tools for mobile and remote work had captured our imagination. A 2012 ABA Technology survey reported that 33% of respondents overall were using a tablet for work outside of the office — with iPad being the most popular one.
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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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.