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A Key to Success: Start the Difficult Conversation You're Avoiding
As lawyers, many of us tend to avoid difficult conversations. Although by nature, we are professional communicators — arguing a case in court, negotiating a business deal, and advising clients are examples of our expanded capacity for critical communication skills. Outside of offering incredible legal services, however, legal professionals tend to avoid having difficult interpersonal conversations with colleagues and clients.
We can negotiate a billion-dollar deal or make a clear case in court, yet have trouble walking down the hall to have a difficult conversation with a colleague about splitting credit or originations on a matter. How many lawyers do you know who have trouble giving or receiving real constructive feedback? Giving a client the hard news they may not want to hear? Fearing conversations about compensation or promotion? Or addressing or approaching issues related to paying the bills? This avoidance can harm workplace productivity and relationships, but also can have a huge impact on our well-being and stress.
Avoiding difficult conversations and the communications gap it creates is pervasive. An article from Harvard Business Review cites that over 60% of managers are "uncomfortable communicating with their employees." Out of this number, giving criticism and demonstrating vulnerability were top reasons they were uncomfortable.
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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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.