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AI-Generated Content, Deepfakes and New Data Push the Limits of Civil Procedure
August 01, 2023
How will traditional tools and techniques need to adapt to handle new data challenges that have never been encountered by digital forensics specialists or lawyers?
Automating Onboarding and Offboarding Is Key to Legal Industry Transformation
August 01, 2023
Automate Onboarding & Offboarding Processes for Smoother Transitions Questions about the role of AI in the legal market continue to dominate current headlines, but firm consolidation remains a big part of the transformation the industry is undergoing. And yes, technology and automation are playing key parts in this. As firms merge or acquire others to expand their capabilities and client base, a streamlined approach to attorney onboarding and offboarding has become essential.
Young Partners Should Embrace an Ownership Mentality
August 01, 2023
Firms promote associates to partner and then expect them to "act" like a partner. Acting like a partner is an unclear declaration and can cover a wide range of expectations. One of the most important expectations for these newly minted partners is for them to have an ownership mindset. The mindset of a business owner is not something that comes naturally, nor is it in any way developed through the associate years.
Crypto Winter Leads to Explosion of Regulatory Activity
August 01, 2023
In the past year, following the Crypto Winter, there has been an explosion of activity by United States regulators and enforcers. Crypto companies, for their part, have complained that it is not clear what digital assets, if any, are securities, and that they have not been given clear regulatory rules of the road.
Trend of Smaller and More Efficient Offices Leads To Downsizing
August 01, 2023
Several big law firms have plans to shrink their Washington, DC, offices soon, continuing the legal industry trend of smaller and more efficient offices in the wake of the pandemic and hybrid work arrangements.
Evolution of Pre-Bankruptcy Planning Raises Questions of Good Faith
August 01, 2023
In recent years, as extensive pre-bankruptcy planning has evolved, bankruptcy filings frequently involve affiliates of larger companies, engineered with a structuring of liabilities in mind. The question of whether these targeted filings are for a legitimate bankruptcy purpose or should be dismissed has been the subject of significant high-profile litigation.
Cool Your (Data) Jets! Reducing Your Organization's Carbon Footprint with a Data Retention Policy
August 01, 2023
Despite great strides toward better-for-the-world operating procedures, companies might be surprised to learn that they're likely overlooking one area of their business that heavily contributes to its overall carbon footprint — data storage. That's right: storing your company's data generates emissions. And with the continuous increase in data volumes, the impact will likely only grow.
AI Is Coming To Microsoft 365: What You Need to Know
August 01, 2023
For those using Microsoft 365, AI tools are rapidly becoming a reality, as Microsoft has introduced and announced several applications with AI-driven components, including Microsoft Viva, Microsoft Teams Premium, and Microsoft Copilot.
How the Texas Two-Step Changes How Plaintiffs Litigate Mass Torts
August 01, 2023
By enabling defendants to shield themselves from mass tort liability, the "Texas Two-Step" is a new obstacle for plaintiffs pursuing mass tort cases against manufacturers of dangerous products.
The Future of IRS Summonses After Supreme Court 'Poselli' Ruling
August 01, 2023
In Polselli v. Internal Revenue Service, the U.S. Supreme Court unanimously refused to limit the IRS's ability to issue summonses without notice to situations in which it seeks records of accounts in which a delinquent taxpayer has an interest. This article discusses the court's decision, Justice Jackson's concurring opinion, and the potential for future challenges to the IRS's issuance of summonses without notice.

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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