Federal Judges Survey Says '
April 02, 2015
Twenty years ago, few lawyers would have thought the notion of legal competency would come to include understanding and advising on technical issues surrounding the discovery of electronic information. In today's digital age, however, lawyers must be both legally and technically savvy to competently represent their clients.
2016 Budget Targets Retirement
April 02, 2015
In February, the Obama Administration's Fiscal Year 2016 Budget was published, along with the Department of Treasury's Greenbook, a detailed explanation of the President's proposed budget. Because the proposed legislation must pass a Republican-led Congress, the President's budget may be "aspirational.
Terminating Same-Sex Partnerships
April 02, 2015
The issues that heterosexual couples face when ending a relationship are even more complicated for same-sex couples. The extent of these problems varies by state, depending on each state's recognition of same-sex relationships.
Quarterly State Compliance Review
April 02, 2015
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Jan. 1, 2015 and April 1, 2015. It also looks at some recent decisions of interest from the courts of Delaware, Georgia and Maryland.
The Time Has Come for Maintenance Guidelines
April 02, 2015
Details of a proposed bill in New York based upon reasonable and fair compromises, including recognition of the concerns of the poverty communities, the domestic violence communities, families with middle class economics and families with exceptional wealth.
Cloud Computing Agreements
April 02, 2015
Given the importance of IT to most modern entities' operations, companies must balance the benefits of outsourced cloud services with the risks associated with entrusting data and critical business processes to third parties.
The Upshot of ISO's Fault-Based Additional Insured Endorsement
April 02, 2015
It has been 10 years since the ISO issued the fault-based version of its CG 20 10 additional insured endorsement, which it touted as the industry's solution to the overly broad judicial interpretations of "arising out of" language. But ISO's effort to achieve a narrower interpretation has been met with inconsistent and sometimes perplexing results.
Browse, Click, Sign, Enforce
April 02, 2015
Signing, dating and keeping a record of a paper contract are standard practice ' afterthoughts most of the time. However, that standard practice does not easily translate to online legal agreements ' the agreements that are native to websites, mobile apps and other digital platforms, such as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers.
Credit Bidding: Secured Creditor Beware
April 02, 2015
The right to credit bid under section 363(k) of the Bankruptcy Code can be an important safeguard that protects a secured creditor against the risk that its collateral may be undervalued at an asset sale, and courts have traditionally described a secured creditor's right to credit bid as fundamental and near absolute. However, as some bankruptcy courts have recently reminded us, the right is not absolute, and may be limited by the bankruptcy court "for cause" under section 363(k) of the Bankruptcy Code.
Representing Clients Ethically in the Digital Age
April 02, 2015
While technology is constantly evolving, attorneys' ethical duties to provide competent representation and preserve confidentiality remain the same. From initial intake through litigation, technical competence is required.
