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Beware 'Spoofed' E-Mails
May 01, 2016
Law firms, companies and other entities need to be on guard for an increasingly frequent, sophisticated online fraud that uses "spoofed" e-mails.
FCC Proposes Rules That Impact Online Privacy
May 01, 2016
'Broadband Internet access service" (BIAS) is the essential conduit for the conduct of our daily personal and private lives, without which all Internet activity comes to a stop. Because BIAS is largely invisible, Rarely do we consider that ISPs that provide BIAS to consumers have extraordinarily broad access "to very sensitive and very personal information." The FCC has adopted a NPRM that proposes to establish privacy guidelines applicable to ISPs.
Cooperatives & Condominiums
May 01, 2016
Must a board consent to an assignment based on the financial strength of a non-resident co-owner when the resident co-owner does not have assets or income sufficient to maintain the apartment? Comment and analysis of a case involving this question.
Recent FCPA Prosecutions and the DOJ's Enforcement Plan Highlight Third-Party Intermediary Exposures
May 01, 2016
While partnership abroad may be essential to business success, it creates significant risk under the FCPA the government's primary weapon against bribery of foreign officials. Recent FCPA prosecutions by the DOJ and the SEC illustrate the risks for companies that fail to adequately vet and monitor third-party intermediaries.
Trio of Plaintiffs' Verdicts in Risperdal Litigation Present Significant Issues for Johnson & Johnson
May 01, 2016
A series of three verdicts for plaintiffs, the most recent occurring in December 2015, may present significant litigation issues for Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals.
To Merge or Not to Merge?
May 01, 2016
The "one-percenters" that we are hearing so much about in this year's primary election campaigns also have an analogous place in current law firm economics. The rich are getting richer, and most others are struggling to hold their own.
<b><i>Pfannenstiehl</i></b> Reminds Practitioners to Plan Trusts Carefully
May 01, 2016
A recent Massachusetts case reminds practitioners of a number of important considerations in planning for trusts to minimize the risks of their being breached in a matrimonial action. Several suggestions on how practitioners might be able to mitigate these risks, even for existing trusts, are included in this article.
The Dirty Little Secret of Law Firm Billing
May 01, 2016
<I>The Wall Street Journal's</I> recent front-page headline on billing rates tells only part of the story. "Legal Fees Cross New Mark: $1,500 an Hour," the Feb. 9 article announced before listing partner hourly rates at several big firms. But that's only part of the story.
Closing the Expectation Gap With e-Discovery Technology
May 01, 2016
Chief Justice John Roberts recently said that the new amendments to the Federal Rules of Civil Procedure should "achieve the goal of Rule 1 ' 'the just, speedy, and inexpensive determination of every action and proceeding' ' only if the entire legal community, including the bench, bar, and legal academy, step up to the challenge of making real change."
<b><i>Leadership:</i></b> Leveraging Charismatic Leadership to Facilitate Change in Big Law
May 01, 2016
Despite appearing to accept that rapid and ongoing market change is here to stay, firms, and their leaders, have responded with change efforts that can largely be described as limited and reactive short-term solutions. Why?

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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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