Prioritizing e-Mail Security in the Legal Sector
November 30, 2015
Data breaches and cyberattacks aren't new occurrences, but it can sometimes feel like they are. It's only in the last few years that we've seen these attacks make headlines more and more, increasing in both quantity and impact.
Killing the Goose That Laid the Golden Egg
November 30, 2015
Last month, the authors began discussion of a trend in New Jersey case law that has been moving that state toward the expansion of hospital liability through the continuous erosion of the statutorily imposed $250,000 charitable immunity cap. They continue their analysis of this trend and its consequences herein.
Mental Health Issues In the Workplace
November 30, 2015
The challenges inherent in managing employee mental illness were vividly illustrated for the world in March of this year with the intentional crash of a Germanwings aircraft by an apparently mentally ill pilot. Although the repercussions of such tragic events can be more significant in safety-sensitive industries like transportation, these kinds of tragic events can happen in any workplace.
<b><i>Media & Communications:</i></b> The Art of PR
November 30, 2015
Love him or hate him, there is no question that Donald Trump is in for the long haul. Since he announced he was running for president of the United States, he has received wall-to-wall news coverage almost every single day from every form of media ' even "fake news" programs. What can we learn from him?
Apportionment of Lost Profits Damages Appears To Be Making a Comeback
November 30, 2015
The issue of damages remains a hot topic at the Federal Circuit, with patentees being continuously reminded that damages must be apportioned to account for the value of patented features, as opposed to unpatented features, of an accused product. However, the vast majority of these cases involve apportionment in the context of reasonable royalties. Very little has been said about apportionment in a lost profits analysis.
Construction Chargebacks: The Hidden Costs
November 30, 2015
Virtually every retail lease contains what is commonly referred to as the "Construction Exhibit." This article addresses the manner in which retail leases attempt to assess construction chargebacks, and discusses how a tenant should address them in its comments to the landlord's draft of a retail lease.
Required Minimum Distributions: Year-End Issues
November 30, 2015
The end of the year is the deadline for most individuals with qualified retirement plans and IRAs to take their required minimum distributions (RMDs) if they have attained age 70' or inherited their benefits. Here are some key issues that can impact RMDs.
<b><i>Sales Speak:</i></b> Law Firm Bus Dev
November 30, 2015
One thing that continues to remain constant in law firms is the difficulty that firms and lawyers have with identifying and communicating how they differ from their competition. The most common refrains that I hear being used when asked the question, "Why should clients retain you?" include the standard "quality, responsiveness, communication, practical advice," etc.
How Preclusion of an FDIC Action Under the Insured v. Insured Exclusion Could Change D&O Coverage
November 30, 2015
Coverage disputes stemming from the flood of lawsuits brought by the FDIC against directors and officers of failed banks are far from over. The most heavily litigated issue is whether a lawsuit commenced by the FDIC as a receiver of a failed bank is precluded by the "insured v. insured" exclusion commonly contained in Directors and Officers liability ("D&O") policies.
