Five Ideas Lawyers Can Learn from the Military
December 01, 2017
<b><i>A Different Perspective for Marketers to Share</i></b><p>At West Point, the cadets are taught "Three Rules of Thumb" in deciding whether to take an action: Does this action deceive anyone or attempt to deceive anyone? Does it permit me an advantage to which I am not otherwise entitled? And, would I be satisfied with the outcome if I was on the receiving end of the action?
Can Millennials Save Your Law Firm?
December 01, 2017
<b><i>After Years of Complacency About Their Business Model and the Pipeline for Talent, There's a Reason Law Firms Are So Worried About Managing the Millennial Generation</b></i><p>For law firms wringing their hands about how to manage the millennial generation — or asking why they should adapt to this crop of young lawyers in the first place — here's the bad news: If you're still clinging to traditional models for training associates and running the partnership, you've already fallen behind. The millennials are here, they're climbing the ranks, and they've already begun to transform the industry.
Chancery Approves Incorporation of Reference Condition in Section 220 Litigation
December 01, 2017
Books and records actions are heralded as the "tools at hand" for litigators pursuing shareholder claims against a corporation. In fact, the Delaware Court of Chancery has been critical of litigants who failed to take advantage of a shareholder's right to request the books and records of a corporation prior to commencing litigation against the corporation.
Unreliable Methodologies Doom Neck Brace Experts
December 01, 2017
A U.S. Magistrate Judge in Indiana recently excluded the opinions of two experts because they did not meet the "reliability" criteria specified in Federal Rule of Evidence 702 and the famous <i>Daubert</i> decision. The rulings doomed the badly injured plaintiff's claim because summary judgment in favor of the defendant quickly followed.
Social Media: Questions of Admissibility and Ethics
December 01, 2017
<b><i>Part Two of a Two-Part Article</i></b><p>Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this article focuses on informal methods of acquisition.
RICO Suit Cites 'Weinstein Sexual Enterprise'
December 01, 2017
Add this to the growing list of legal problems facing Harvey Weinstein, The Weinstein Co. (TWC) and Miramax: Lawyers at Hagens Berman Sobol Shapiro and The Armenta Law Firm have filed a federal racketeering class action against Weinstein, the production company and the studio alleging they conspired "to facilitate and conceal [Weinstein's] pattern of unwanted sexual conduct."
Surviving the Retail Shift
December 01, 2017
<b><i>What to Do with Personal Property After a Tenant Vacates</b></i><p><i><b>Part Four of a Five-Part Series</i></b><p>The wreckage of a failed retail business often includes the tenant's personal property that remains in the leased space. Critical to evaluating what to do with this personal property is understanding the nature of that property and determining who has rights to it.
Security First Approach Provides a Significant Advantage to Law Firms
December 01, 2017
Security first is a holistic approach that views security not as an information technology nuisance in need of tight cost-management controls, but as a competitive advantage to differentiation from traditional business offerings. Here's what you need to know.
The Challenges of Regulating Employee Speech
December 01, 2017
In this article, the authors discuss some recent controversies involving employee speech and the laws governing employers' ability to regulate and respond to disruptive speech in the workplace.
Third Circuit Defines 'Received' for Section 503 (B)(9) Claims
December 01, 2017
For over a decade now, the Bankruptcy Code has granted a priority of payment with regard to creditor claims for goods received by the debtor in the 20 days before bankruptcy. A creditor merely needs to demonstrate that the debtor "received" the goods within the prescribed pre-bankruptcy interval, and its claim attains priority as an administrative expense. Ah, but therein lies the rub.
