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The Maturation of Competitive Intelligence in Law Firms
August 01, 2016
Advances in technology have given clients more information about the cost of legal services and where else that client might go looking for them, leading to increased demand for discounts and other alternative fee arrangements at a time when in-house legal departments are under rising pressure to cut costs. Here's how to use competitive intelligence.
Restoring Property: The Zombie Property and Foreclosure Act
August 01, 2016
On June 23, 2016, Governor Cuomo signed into law the final omnibus bill of the session, the last section of which addresses vacant and abandoned properties, establishes timelines for the sale of property post-foreclosure judgment, and updates and enhances protections for homeowners in default and foreclosure.
The Enemy Is Inside the Wire
August 01, 2016
By now you've likely read the headlines about the recent attacks on various Asian banks, resulting in cyber losses reported in the tens of billions. And if you're really paying attention, you probably know these attacks have been linked to the Lazarus cybercrime organization, which was also identified as the likely culprit behind the attacks on Sony in 2014. In all likelihood, you read the headlines, and then you moved on to read the latest sports scores. Why? Because it doesn't relate to you. Or does it?
Bilingual Trials
August 01, 2016
With the growth in international commerce and diversity of the United States population, general counsel are increasingly finding themselves dealing with bilingual trials. Here is what you need to know.
Third Circuit Limits Scope on Federal Preemption in Aviation Cases
August 01, 2016
The Third Circuit's 1999 decision in <I>Abdullah v. American Airlines</I> dropped a bombshell with its sweeping declaration that the Federal Aviation Act and its regulations preempt the "entire field" of air safety. Earlier this year, however, the Third Circuit sharply limited the scope of <I>Abdullah's</I> field preemption ruling, holding that it does not extend to state product liability claims.
<b><i>Legal Tech:</b></i> Contracting with a Fintech Company
August 01, 2016
Your favorite internal client has just messaged you about a new contract that needs a rush review. The counterparty is reportedly one of the hottest new "fintech" companies in Silicon Valley. You are the master of all things vendor contract-related in your shop, but perhaps this is the first fintech contract to cross your desk. This article addresses some of the special issues that might be presented by this sort of contract.
Driverless Cars
August 01, 2016
Autonomous vehicles, or self-driving cars, are close to becoming an everyday reality, whether you like it or not. This article is a study of benefits and concerns from a product liability point of view.
Med Mal News
August 01, 2016
Recent news of importance to med mal attorneys.
Admitting New Partners and Classes of Partners As the Demand for Legal Services Continues to Lag
August 01, 2016
A new survey of law firm leaders reveals that partners at a majority of the firms don't have enough work, and that demand for legal services is lagging behind pre-recession levels. Yet, despite this gloomy assessment, law firm leaders report that their partners are resistant to change.
Media & Communications: Learning from Politicians
August 01, 2016
For those of us in the communications industry, it has been mind-blowing to see how far Hillary Clinton and Donald Trump have gotten with all of the baggage they've brought along, outrageous statements they've made, and un-presidential things they've done. What can law firms learn from this?

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    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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