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Features

Teaching an Old Dog New Tricks: Business Process Management and Law Firms Image

Teaching an Old Dog New Tricks: Business Process Management and Law Firms

Zachary Beauchemin & Alisha DiGiandomenico

Though traditionally considered laggards when adopting new technology, law firms have recently started to explore new tricks to fortify performance across their organizations. While this evolution is critical to a firm's survival, it's important that firm administrators understand that substantive improvements are only possible through multi-directional change.

Features

Lack of Gender-Diverse Partnership: Is It the Woman or the Firm? Image

Lack of Gender-Diverse Partnership: Is It the Woman or the Firm?

Daniella Isaacson

<b><i>Data-Driven Research by ALM Intelligence Suggests Three Reasons Why Gender-Diverse Partnership Fails</b></i><p>It is now common knowledge that female headcount within the ranks of Big Law partnership, both equity and non-equity, has held steady for the past few years at around 20%. The obvious question is, why?

Features

Second Circuit Directs Consideration of an 'Efficient Market' Interest Rate for <b><i>Momentive</i></b> Cramdown Plan Image

Second Circuit Directs Consideration of an 'Efficient Market' Interest Rate for <b><i>Momentive</i></b> Cramdown Plan

Robert W. Dremluk

On Oct. 20, 2017, the U.S. Court of Appeals for the Second Circuit, in Momentive Performance Materials, Inc. v. BOKF, NA (In re MPM Silicones, L.L.C. "MPM")…

Features

When Lack of Informed Consent Is Not the Issue Image

When Lack of Informed Consent Is Not the Issue

Janice G. Inman

When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.

Features

Exclusion of Evidence: The FDA's 510K Process Image

Exclusion of Evidence: The FDA's 510K Process

Janice G. Inman

In a drug or medical device injury case, one of the defense's most potent arguments often is that the product in question underwent FDA approval. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.

Features

Don't Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions Image

Don't Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions

Robert J. Stefani

This article discusses the characteristics of maritime liens, the priority of these liens in relation to the desired first-priority secured position of a lender or lessor, and prudent practices for assessing and mitigating the risks posed by such liens.

Features

All Digital Assets Are Not Legally Equal Image

All Digital Assets Are Not Legally Equal

Jonathan Bick

The Internet has generated a new set of assets known as "digital assets." Broadly defined, a digital asset is an electronic record in which an individual has a right or interest. This definition erroneously implies that digital assets should be treated as a legally equivalent set of assets when, in fact, failure to differentiate digital assets into one of three distinct classes will result in legal difficulties.

Features

Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity Image

Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity

Stan Soocher

The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.

Features

NAFTA Renegotiation: Fourth Round Image

NAFTA Renegotiation: Fourth Round

Melissa Proctor

<b><i>Difficulty Making Headway on Thorny Issues</i></b><p>As the fourth round of the renegotiation of the North American Free Trade Agreement (NAFTA) with Canada and Mexico drew to a close on Oct.17, the parties opted to push back the starting date of the fifth round until mid-November to allow the negotiators more time to work on the most controversial issues that remain to be addressed. This article explains the issues.

Features

Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements Image

Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements

Joshua L. Becker & Brad M. Strickland

Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a <i>cy pres</i> recipient, but courts are starting to question such moves more thoroughly.

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