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Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce

June 02, 2017

Part Two of a Two-Part ArticlePart One of this article in last month's issue addressed perhaps a dozen trust provisions and evaluated how to strengthen them to provide greater protection for a future divorce of a beneficiary. We conclude this discussion herein.

Emerging Issues In the DTSA's Second Year

June 02, 2017

One year after its enactment, the Defend Trade Secrets Act (DTSA) continues to be one of the most significant and closely followed developments in trade secret law. The less than 70 reported DTSA cases to date provide an early glimpse into how courts may interpret the statute going forward and what early concerns about the statute may have been exaggerated.

The Role of Mindfulness in Effective and Ethical Lawyering

June 02, 2017

Beyond Knowledge and Good IntentionsA 2015 Harvard Business Review article, "Mindfulness Actually Changes the Brain," concludes that "Mindfulness should no longer be considered a "nice-to-have" for executives. It's a "must-have": a way to keep our brains healthy, to support self-regulation and effective decision-making capabilities, and to protect ourselves from toxic stress."

Online Extra Facebook Fine Could Slow Future EU Launches

June 02, 2017

Facebook Inc. received one of its biggest regulatory slaps late last month when European antitrust regulators fined it $122 million for providing misleading statements about its 2014 purchase of WhatsApp. The fine is relatively small compared to Facebook's annual profits, but it does signal a more aggressive regulatory environment in the region.

The DOJ's FCPA Pilot Program Wins Some White-Collar Praise, to a Point

June 02, 2017

Weighing the risks of self-reporting a bribery violation or hiding it has always been a thorny issue for companies. And that's the dilemma at the heart of the DOJ's pilot program for violations of the FCP). While the one-year program has made companies a little more trusting of prosecutors, the decision to self-report a foreign bribe is no less gut-wrenching, according to FCPA lawyers.

Angry Fed. Judge Throws Out Song Infringement Suit

June 02, 2017

A Miami company's decision to defend a small-potatoes copyright case all the way to trial paid off when the case was dismissed after a few hours — by an angry federal judge.

Media & Communications: How to Network with Reporters and Potential Referral Sources at an Industry Conference

June 02, 2017

Here is how to effectively network with the reporters who will be serving as moderators at an industry group conference, as well as the panelists and leaders of the industry membership organization sponsoring the programs.

Cooperatives & Condominiums

June 02, 2017

Discussion and analysis of two pivotal cases.

In the Courts

June 02, 2017

Judge Rules Wal-Mart In-House Investigator's Findings Not Privileged On May 5, Judge Susan O. Hickey of the Western District of Arkansas granted investors'…

Fourth Circuit to Weigh ISP Copyright Liability for Peer-to-Peer File Sharing by Subscribers

June 02, 2017

The Fourth Circuit Court of Appeals is gearing up to hear argument in BMG Rights Management v. Cox Communications, one of the first attempts by the music industry to hold an ISP liable for unauthorized peer-to-peer file sharing by its subscribers.

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Supreme Court Hears Arguments In Corporate Trademark Infringement Remedy Calculation Case
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.
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Navigating AI Risks: Best Practices for Compliance and Security
The most forward-thinking companies embrace AI with complete confidence because they have created governance programs that serve as guardrails for this incredible new technology. Effective governance ensures AI consistently aligns with an organization’s best interests, safeguarding against potential risks while unlocking its full potential.
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What Will 2025 Bring for Legal Tech
It’s time for our annual poll of experts on what they expect 2025 to bring in legal tech, including generative AI (of course), e-discovery, and more.
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AIAs: A Look At the Future of AI-Related Contracts
AI’s rapid market proliferation and regulatory expansion mirrors privacy’s, and businesses should model their contractual AI compliance on the successes of privacy law’s DPA and BAA.
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The Death of SEO: How AI Is Impacting Search, PPC and Cookies
Traditional keyword strategies and ranking tactics are losing ground to a more dynamic approach in which optimizing for search now means optimizing for every platform and user interaction. This evolution is appropriately being called “Search Everywhere Optimization.” The redefined SEO reflects how AI is not just changing how people find information but also how businesses need to think about visibility in an increasingly connected digital ecosystem.
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