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Aug 8, 2019

Why international arbitration clauses should be in contracts

By Jared L. Hubbard and Malgorzata Mrózek In today’s globalized economy, local companies can have a global reach, entering into mergers, acquisitions, manufacturing contracts, licensing agreements, joint ventures, and research and development partnerships with companies and institutions around the world. Such global partnerships offer innumerable opportunities. But there are also serious risks.[...]

Aug 7, 2019

The role of the “human factor” in protecting information

BY JACK PRINGLE All attorneys owe various ethical (competency, confidentiality and safeguarding client property) and legal (a host of state and federal laws) obligations to protect information. We’re in an age of great potential technological “upside” (blockchains, artificial intelligence, machine learning, big data, cloud computing, etc.) and “downside” (large-scale data breaches, natio[...]

Aug 1, 2019

Requiem for conventional witness preparation

BY KENNETH R. BERMAN Two recent court decisions — one from each coast — show why conventional witness preparation needs a warning label: Use at your own risk.  The first one, the Qualcomm case, shows how conventional approaches to witness preparation can lead to huge shareholder losses.  The second one, the Nederlander Theatres case, shows how failing to prepare […]

Jul 29, 2019

Organizational change and the limits of rationality

By Susan Letterman White As lawyers, we place great importance on being rational and logical. We pride ourselves on keeping our emotions under control. However, as business leaders, when we present rational arguments to persuade a person or group to change behavior, are we too often neglecting the non-rational influencers? Any time you ask people […]

Jul 16, 2019

‘Smart contracts’ on cusp of mainstream adoption

BY JOHN GILLERAN Although “smart contracts” have been the subject of much discussion in the information technology field, the impact that they will have on the legal profession is not well known, in part because the capabilities of such contracts are not well known. So what is a smart contract? A smart contract is a […]

Jul 16, 2019

A look inside in-house law departments

Today’s corporate counsel must be much more than a good lawyer. More and more, that role calls for skills in project management and administration as well as the key element of protecting the organization from risk. That’s part of the takeaway from a recently commissioned study by legal market analysis firm Acritas and the Legal […]

Jul 16, 2019

Marijuana use and federal immigration consequences: USCIS policy update

The U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance in its Policy Manual, which states that violating a federal controlled substance law, including marijuana use, remains a conditional bar to establishing good moral character for naturalization purposes, regardless of state law. Federal law classifies marijuana as a “Schedule I” controlled substance, and the [[...]

Jul 11, 2019

Qualifying for the home office deduction

With more and more people working remotely, a common question that clients asked this past tax season was whether they are eligible to take the home office deduction. This is also referred to as business use of home. The qualifying factors have remained unchanged; however, over the past six years, calculating the deduction and where […]

Jul 11, 2019

Legal Loop: Smartphone searches in the absence of a warrant

Smartphones have been around for 12 years now and during that time, they’ve become indispensable for many of us. They are small computers that we hold in the palms of our hands that provide us with access to the world. We use them to obtain information, share information, connect with friends and family, conduct work […]

Jun 19, 2019

The essentials of witness training

Witness preparation and training is critically important. After all, evidence comes through witnesses. Bad witnesses, if they are prominent, can tank a case. Knowing where you stand with your witnesses and how they can help or hurt a story cannot be overstated. Step 1: Assessment Assessment is the opportunity to determine a witness’s strengths and […]

Jun 13, 2019

Legal Loop: Email tracking and lawyers: not a great mix

For most lawyers, email is their primary method of correspondence with clients, courts, opposing counsel and others. Over the years, we’ve become increasingly reliant on email because it’s a fairly simple and cost-effective way to communicate. Of course, as technology has advanced, so too have the tools that can be used to make email more […]

Jun 10, 2019

Legal Writing Notebook: Don’t comma ’round here no more

Commas are the subtlest, briefest stops—shorter than a semicolon, a mere pause—intended to pass almost unnoticed in a sentence. They should not draw attention to themselves, but simply direct our focus, like lighting in an art gallery. Their job is to reassure, not to dazzle. Sometimes commas are needed, but let’s talk about some situations […]

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