Document Assembly Automation
January 26, 2007
When an attorney is creating work product, a document assembly product is in order. It's the perfect tool to bring together needed information that is otherwise often stored in incongruent systems such as document management systems, other documents and Internet resource sites. Attorneys and legal staff need to leverage a firm's library of past work, while eliminating the frustrating tasks of endless cutting and pasting and hunting for source documents.<br>However, without a document assembly application, the law firm's clients are paying billable attorney hours to search for the information they need.
The EPA May Take a Close Look at Regulating Nano-Particles in Antimicrobial Articles and Devices
January 03, 2007
Nano-scale materials are said to have unique and potentially valuable properties in comparison to the same materials that exist naturally in larger than nano-scales, which can include greater tensile strength, enhanced electrical conductivity, and the ability to contribute to new chemical synthesis pathways. These unique properties may lead to advances in industrial chemistry, engineering, biological, agricultural and medical applications. The U.S. Government's spending alone on nanotechnology research is said to exceed $1 billion annually, and the Government of China has recently announced that nanotechnology is one of 16 key technologies for which it will increase research and development spending over the next 15 years. As Chinese companies increasingly design, develop, and manufacture products based on nanotechnology, and export these products to the United States, they will confront and need to understand the emerging perspectives and concerns of U.S. government regulators who are struggling to reckon with perhaps hundreds of products employing nanotechnology that reportedly are already on the market and perhaps thousands more products soon to come on the market. U.S. Federal agencies are working independently, and occasionally in concert, to try to identify appropriate policies and practices to monitor and respond to this apparently sweeping new market development. See, e.g., National Science and Technology Council effort known as the National Nanotechnology Initiative.
Observations on Negotiating Franchise Agreements in Today's Legal Environment
December 29, 2006
Franchise law has long characterized franchise agreements as adhesion contracts (<i>see, Ticknor v. Choice Hotels Int'l</i>, 265 F.3d 931 (9th Cir. 2001) (Montana law); <i>Bolter v. Superior Court</i>, 87 Cal. App. 4th 900 (2001) (California law)). While no empirical data exist on the percentage of franchisors that will negotiate the terms of their franchise contract with prospective franchisees, it is fair to conclude that they remain a minority. To start the pre-sale disclosure process, a franchisor must present a prospect with the terms of its bona fide offer for the sale of a franchise. Frequently, these are the only terms the franchisor is prepared to accept.
Employers Liability Coverage: Exploring Coverage for Employee Tort Claims Alleging That Injury Was 'Substantially Certain'
December 28, 2006
When an employee is injured on the job, the claim is usually handled through the Workers' Compensation system. Indeed, it is relatively rare for a worker, even one who has been seriously injured, to sue his or her employer in tort because of the 'exclusive remedy' feature of most Workers' Compensation Acts. That feature, also known as the 'Workers' Compensation bar,' directs all such claims to the compensation system unless an enumerated exception applies. Nonetheless, because there are such exceptions, employers frequently purchase 'Workers' Compensation/Employers Liability' ('WC/EL') policies, which provide insurance not only for claims brought through Workers' Compensation but also for claims brought in the civil court system.
Motor Vehicle Leasing in Canada: A Guide for U.S. Leasing Professionals
December 28, 2006
In the past, I have written a number of articles directed at U.S. leasing professionals on what they should know about doing business in Canada. These past articles have focused on the leasing business in general as opposed to any particular sector. They discussed broad issues, such as withholding tax and regulatory concerns, but did not examine the specifics of any particular class of collateral or industry sector. During the past several months, I have received a number of inquiries from U.S. lessors in regard to the financing of motor vehicles in Canada. It became readily apparent that not only are there significant differences in law and practice affecting Canadian and U.S. lessors, there also exists a general misunderstanding of the laws of Canada. While generally, Canadian and U.S. law and practice are similar, one area in which they are divergent is motor vehicles. This article, while far from being a complete guide, provides certain guidance as to the most significant concerns.
The Enforceability of Prepayment Premium Provisions
December 28, 2006
Lessors and lenders need to be aware of a recently issued U.S. District Court decision addressing the enforceability of a prepayment premium in a mortgage loan context. The decision in <i>River East Plaza, LLC v. The Variable Annuity Life Company</i> (Slip Copy, 2006 WL 2787483 (N. D. Ill.)) was rendered on Sept. 22, 2006, by the U.S. District Court for the Northern District of Illinois (Eastern Division), construing Illinois law.
Technology and Policy Issues with Acquiring Digital Collections
December 28, 2006
Undeniably, one of the biggest content growth areas for electronic information resources is with the digitization of print materials. For well over a decade, lawyers have had full-text access to court cases, statutes, regulations and thousands of news sources the day they are published. What wasn't available until fairly recently was electronic access to deep historical collections of materials such as law reviews or legislative documents, let alone court filings or records. For materials of this nature that were available, they could rarely be obtained as scanned documents in collections that are easy to use.<br>In acquiring access to new digital collections, law firms and other information consumers need to think about issues of cost, technology requirements and ease of use. Beyond that, merely acquiring a new collection will not ensure that all people who need the information will know it exists when the need for that information arises. This article addresses several topics relating to digitized collections, framing the discussion by first discussing two legal-specific digitization projects available for private law firms.
<b>Media & Communication Corner: </b>Looking Back at the M&C Professionals Series
December 28, 2006
In the midst of 2006, Jaffe's public relations group turned its attention to some of the most notable law firm media and communications professionals currently working in house. Thanks to the candor of these people, we were able to provide snapshots of their work, their departments and their insight about law firm marketing. On behalf of the Jaffe authors, I again thank all of the participants for their time and their thoughtfulness. As we wrap up 2006, let's look back at some of the highlights in the series.
<b>Corner Office: </b>Growth: An Imperative For Survival
December 28, 2006
Do your current clients provide a steady stream of work that keeps all your lawyers busy? Are new clients constantly knocking at your door with new work based solely upon your firm's reputation? If that's your situation, stop here and read no further. You are in law firm nirvana.<br>Unfortunately, the other 99% of you managing partners are not so lucky.
