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Key Ways to Avoid Negative Publicity 
July 01, 2019
Marketing professionals have a responsibility to do their best to protect the brands of their employers. And part of that responsibility means avoiding, limiting or addressing, to the extent possible, any negative or damaging publicity. While there are nuances within each industry that determine what can and can't be done in this effort, there are some universal strategies I think work well.
Why Should Law Firm CMOs Care About Social Responsibility and Sustainability?
April 01, 2019
<b><i>Because Clients Do</b></i><p>Given the increasing challenges facing our planet and our society, and considering our role in creating the current state of affairs, it is up to us to change the way we do business to slow and reverse the damage. CMOs can and should be among the leadership voices to help their firms recognize this as an obligation and an opportunity.
Sales Speak: Maximize Your Chambers (and other) Rankings
March 01, 2019
While ranking directories are rarely the only tools used to find a firm or lawyer, in-house counsel and CEOs often turn to them as informative research sources. For these reasons alone, preparing materials and references for submission, even though time-consuming, may make sense under the right circumstances.
'Dark Overlord' Hack Shows Mounting Cyber Risks for Law Firms
February 01, 2019
<b><i>The Hacker Group Wants Ransom Payments from Dozens of Firms Involved In the Sept. 11 Litigation, and Experts Warn That More Attacks Are Coming</b></i><p>Leaders of those law firms are all likely scratching their heads about how to handle a recent announcement from a nebulous hacker entity calling itself the “Dark Overlord,” which claims to be in possession of 18,000 legal and insurance documents pertaining to the court fight.
Perfecting Film Financiers' Liens in Copyrights
February 01, 2019
The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.
Professional Development: 10 Performance Tips for Your Presentation
January 01, 2019
Finally, it has happened. You have reached the stage in your career that others want to hear from you and learn what you know in your area of expertise. You have been invited to speak at a conference. What now?
Federal Data Privacy Legislation Is Likely Next Year, Tech Lawyers Say
January 01, 2019
For Years, Federal Legislators Have Attempted to Pass Comprehensive Cybersecurity and Data Privacy Legislation. With More Support Than Ever from the Public, Industry and Both Sides of the Political Spectrum, 2019 May Be the Year When Such Legislation Is Enacted.
Big Law's Trojan Horse: Are the Big Four Preparing an Invasion?
January 01, 2019
<b><i>Law Firms Partner With the Big Four to Serve Their Clients, But the Accountants Pose an Existential Threat. What Will Happen If — or When — They Turn Competitive?</b></i><p>For law firm leaders, rank-and-file partners and everyone else in the law firm ecosystem, the Big Four shouldn't be a laughing matter. They are serious about selling legal services, and clients are listening.
Robbing a Locked Bank Vault from Home: Legal Issues Raised by Cryptocurrency Frauds 
December 01, 2018
Cryptocurrency theft remains a major concern for traders and investors given that billions of dollars of cryptocurrency are stolen every year. These cutting-edge problems intersect in interesting ways with companies' existing fraud and anti-money laundering concerns, but it all starts with the cryptocurrency "wallet."
DMCA Filmmakers Exemption Expanded
December 01, 2018
Digital Millennium Copyright Act exemptions aren't just for documentary filmmakers anymore. The U.S. Copyright Office and Library of Congress has broadened a DMCA exemption to now allow more filmmakers to circumvent anti-copying technology and rip short video clips for purposes of commentary and criticism.

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  • Delaware Chancery Court Takes Fresh Look At Zone of Insolvency
    Over a decade ago, a Delaware Chancery Court's footnote in <i>Credit Lyonnais Bank Nederland, N.V. v. Pathe Communications</i>, 1991 WL 277613 (Del. Ch. 1991), established the "zone of insolvency" as something to be feared by directors and officers and served as a catalyst for countless creditor lawsuits. Claims by creditors committee and trustees against directors and officers for breach of fiduciary duties owed to creditors have since become commonplace. But in a decision that may have equally great repercussion both in the Boardroom and in bankruptcy cases, the Delaware Chancery Court has revisited zone-of-insolvency case law and limited this ever-expanding legal theory.
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