Motivating Attorneys to Establish Firm Objectives
July 01, 2017
<b><I>Part One of a Two-Part Article</I></b><p>The two major challenges now facing lawyer management in many mid-size firms are: 1) how to motivate the non-entrepreneurial attorneys to achieve and to perform; and 2) how to retain the "over-achiever" attorneys so they will remain with the firm.
Asserting Damages for Data Piracy Under the CFAA
July 01, 2017
When a database is breached in one way or another, the results can be devastating. Many companies suffering this kind of loss turn to litigation, often under the Computer Fraud and Abuse Act, which prohibits improperly accessing a protected computer. There is, however, a growing consensus in the Second Circuit that recovery of certain forms of damages under the CFAA simply is not permitted.
Netflix Dooming Need for Foreign Presales Deals
July 01, 2017
Foreign rights presales, which since the 1970s have been used by independent Hollywood producers to raise funds to get their movies shot, are quickly becoming a thing of the past. Credit Netflix for giving them a big shove out the door. So what does that mean for Hollywood's deal lawyers? Bigger rights deals — but fewer of them to go around.
Do Your Employment Practices Violate Antitrust Law? They Might!
July 01, 2017
Did you know that certain employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) Antitrust Division
3 Steps to Ensuring Your AI Initiative Does Not Fail
July 01, 2017
The energy in the legal industry surrounding artificial intelligence (AI) is undeniable. Law firms are investing in innovation or undertaking experiments to test the viability of applying AI-enabled tools to various disciplines. Legal professionals are packing presentations to learn if, how and when the heralded disruption will impact their careers.
Do Your Employment Practices Violate Antitrust Law?
July 01, 2017
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Equipment Lessors and Bankruptcy
July 01, 2017
Much has been written about the risk that a transaction denominated and documented as an equipment "lease" may be recharacterized a security interest. Equipment lessors seem to understand. Interestingly, equipment lessors commonly seem to not understand all of the rights and remedies they have in the absence of recharacterization. So, what's a true equipment lessor to do in the face of the Chapter 11 of its lessee?
State of the Industry: E-Discovery and Cybersecurity
June 02, 2017
<b><i>The Future State of the E-Discovery Job Market Will Be Cloud and Contract Staffing</b></i><p><b><i>Part Three of a Three-Part Article</b></i><p>If the history of e-discovery is the future of cybersecurity, then what should one expect for the future of e-discovery? How long will the current period of consolidation continue? What will be the next chapter in e-discovery's never-ending reinvention? How closely will the next 10 years of cybersecurity job trends mirror e-discovery's past?
