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<b><i>Case Study</b></i>LAZINGA!: An Advanced Online Directory for Legal Professionals
February 29, 2016
My law firm is always looking for ways to simplify day-to-day processes. This includes having the most up-to-date software systems, streamlined and manageable billing systems, and the most cost effective ways to resource qualified temporary and permanent staffing.
Top Security Intrusion Trends the Legal Community Should Watch
February 29, 2016
Lawyers are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters. Legal counsel, as trusted neutral advisors, are uniquely qualified to help navigate risk considerations and bridge customer deliverables and workforce expectations with adequate security and shifting legal requirements. As a result, it is important that lawyers understand the latest trends in cyber intrusions.
Extracting the 'Consent to Settle': A Game Plan for Insurers and Defense Counsel
February 29, 2016
Consent-to-settle provisions in medical malpractice insurance policies present challenging issues to insurers, defense attorneys and policyholders in the context of defending professional liability claims. Most liability insurance policies cede the ultimate discretion over settlement decisions to the insurer. Medical malpractice policies are outliers from the norm in the insurance industry.
Business Crimes Hotline
February 29, 2016
Analysis of two key rulings.
Med Mal News
February 29, 2016
Discussion of a wrongful death case in which a lawyer was sanctioned for a sexist comment.
Expert Testimony on Industry Practice
February 29, 2016
Recently, the Second Circuit held that expert testimony regarding how a "specialized securities market" operated was relevant and potentially "highly" probative of the question of whether the defendant's misstatements to investors were material. Because juries are tasked with determining materiality, the notion that experts can opine on overarching industry practice that is not case-specific appears surprising.
Structured Dismissals and Application of Non-Estate Proceeds
February 29, 2016
One of the more significant changes to Chapter 11 practice has been the use of section 363 to sell the assets of a debtor, prior to confirmation of a plan, as a means to restructure and maximize value. This transactional use of the Bankruptcy Code has, by necessity, changed how cases are administered.
Ending the Myth That Branded Drug Companies Cannot Benefit from Preemption
February 29, 2016
A myth has surfaced over the past few years that federal drug law preempts product liability suits against generic drug companies, but not brand-name manufacturers. This myth stems from an over-simplification of three U.S. Supreme Court cases. .
<b><i>At the Intersection:</i></b> Battling Law's Second Language
February 29, 2016
If business English ' essentially masculine English ' is the language of power and dominance, the language spoken at the table by those who have won a seat at the table, Feminenglish is the language of deference to power. How does this affect your firm?
They're With Us!
February 29, 2016
Recently, faced with pressure to increase efficiency, companies have increased their dependence on outside entities to complete tasks that were once reserved for in-house employees. How does this affect the attorney-client privilege?

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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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