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MT Court: Companies Must Show Prejudice to Avoid Coverage Based on Late Notice
September 02, 2015
Last month, we discussed the fact that in two recent decisions, the Montana Supreme Court held that an insurance company seeking to deny coverage on the grounds of a policyholder's untimely notice must establish that it was prejudiced by the timing of notice. The discussion concludes with a look at other states.
Federal Circuit Expands Liability For Divided Patent Infringement
September 02, 2015
Having been urged to do so by the Supreme Court, the Federal Circuit recently expanded liability under 35 U.S.C. '271(a) for direct infringement of a method patent involving more than one actor (divided infringement).
Creating a Competitive Situation
September 02, 2015
When it comes to the business processes that legal organizations should be improving immediately for long term success, back office support and the recovery of those costs tops the list. With the pressure on rates and cost recovery not abating, it is critical that firms develop a strategic plan to decrease and control their support costs and recover them in a fair and transparent manner. This will help firms maintain competitive rates as well as operate more efficiently and profitably.
Advanced Payments Denied Priority
September 02, 2015
Advancement claims of executives are not entitled to priority over other claims against an entity in receivership, the Delaware Court of Chancery has ruled in a case of first impression.
Building a Vendor Management Program
September 02, 2015
Last month, we reviewed vendor selection and management, vendor score cards, and attorney involvement, particularly in-house counsel. We conclude this month with a discussion on development metrics and processes, and how to get started.
Uniting Legal, IT and Records Management
September 02, 2015
When organizations discuss ESI, it almost always revolves around three core groups: legal and/or compliance; records management; and, of course, IT. Despite the fact that they all are responsible for important business functions associated with this data, they are seldom on the same page.
Searches Without Frontiers
September 02, 2015
The first half of 2015 has seen vigorous debate over U.S. law enforcement's authority to seize data evidence stored overseas. MLATs are agreements between two or more countries that facilitate cross-governmental collaboration in criminal investigations and prosecutions. But the MLAT process is complicated, time-consuming and ill-equipped to handle 21st-century data storage and privacy issues.
<b><i> In Re Fairfield Sentry Limited</i></b>
September 02, 2015
<I>In re Fairfield Sentry Ltd.</I> is the first federal circuit court decision to address the application of Section 363 in a Chapter 15 bankruptcy case. Bankruptcy Code applicable as to matters within the United States. This article provides an in-depth analysis of what this means to bankruptcy practitioners.
<b><i>Marketing Tech:</i></b> Cultivating a Culture of Awareness
September 02, 2015
Law firm marketing professionals and attorneys often find themselves at a standoff. The attorneys look at marketing and ask (though perhaps in not so many words), "Why aren't you going out and getting us business?" The marketers reply, "You're the experts in field A, B or C, why don't you come to us with opportunities that we can act upon?"
Archiving's Role Within e-Discovery 2.0 and What's Expected for the Future
September 02, 2015
When responding to e-discovery events such as audits or potential litigation, the cost of persisting with older, traditional methods for key parts of the process can nearly bankrupt a company. Modern archiving technologies that consolidate and proactively store content in a single "search-ready" repository are now playing a crucial role within next generation 2.0 e-discovery processes.

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