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About The Author
As ALM's Digital Editor-in-Chief, Nichole Morford is responsible for the development of digital strategies to maximize web traffic, deepen audience engagement and effectively monetize digital products.
Previously, as Editorial Lead, Digital Content Strategy for ALM's Insurance Group, Morford directed the digital strategy and growth of the division’s web products. Prior to joining ALM through the acquisition of Summit Professional Networks, Morford was managing editor of LifeHealthPro.com and managing editor of Agent's Sales Journal magazine. She started her career as an editor at Penguin Group.
In Zuber v. Boscov's, U.S. Court of Appeals for the Third Circuit, No. 16-3217, the Third Circuit reversed a decision of the Eastern District of Pennsylvania that dismissed an employee’s claims under the Family and Medical Leave Act (FMLA) and common law on the basis of a compromise and release agreement signed by the employee to settle his workers’ compensation claims.
In his Health Law column, Francis J. Serbaroli discusses an important new report by a federal cybersecurity task force on the dangers of cyberattacks in the health care industry. He summarizes the report's comprehensive recommendations, and warns that health care organizations that ignore or underestimate the dangers of cyberattacks face considerable financial and legal liabilities.
Employers come in all shapes and sizes. And when it comes to GC hires, so do their requirements. Each executive team possesses a vision of their perfect profile and their own set of priorities and values that govern a GC search.
Rather than trying to resolve a conflict once it erupts—whether by traditional or alternative methods—the interests of all stakeholders are better served by trying to avoid the dispute in the first place.
Trial Practice columnists Robert S. Kelner and Gail S. Kelner write that even though the jury awards were reduced in the catastrophic 91st St. crane collapse case, the Appellate Division allowed very significant amounts for the decedents' preimpact terror as the giant crane collapsed, and for their conscious pain and suffering after sustaining catastrophic injuries. This decision should encourage more vigorous examination of damages for preimpact terror and conscious pain and suffering in future wrongful death cases.
James Blick and Erika Levin write: Whatever you may think about litigation finance, funders are out there and they are finding good quality, high-value cases in which to invest and charging big returns on the winners. But if litigation finance is booming, then why too aren't law firm profits, buoyed up by a rising tide of contingency fee revenue?
In this Special Report from the New York Law Journal: "Fashion Forward Financing: Looking to Banks and IP for the Next Trend," "The Intersection of Federal Civil Enforcement Claims and Health Care Restructurings," "Supreme Court's 'Henson' Decision Leaves Many Questions Unanswered," "Treatment of Make-Whole Premiums in Bankruptcy: A Bondholder Perspective," "Is Time Really of the Essence? Not in Bankruptcy." and "Intentional Fraudulent Conveyances And Bankruptcy Code §523(a)(2)(A)."
It is the stuff of attorney nightmares. You worked diligently for years for an ornery client, when the client comes into the office demanding her file so she can take it to her "new" lawyer. This situation generally involves a client who is unhappy with the work you did, perhaps even threatening to sue you for legal malpractice. Often the client owes fees or costs. The situation is always messy. The situation is stressful. A client may insist on receiving their file right then and there.
Not long ago, there was a widely televised meeting of all President Trump's cabinet ministers and the highest-ranking staff of the White House. One by one they each heaped lavish praise and adulation on him as if he were some sort of "Supreme Leader." Some went so far as to express profound gratitude for the "blessings" associated with serving him. While an attitude of sheepish subservience might be expected in dictatorial regimes such as North Korea, it was disturbing at best to watch it on display within the upper echelons of the leadership in this country. Perhaps most troublesome is the total lack of regard for the importance of dissent.
There's tremendous competition among Philadelphia lawyers to attract new clients. What separates one litigator from another? What separates one real estate lawyer from another? What separates one matrimonial lawyer from another? How about medical malpractice lawyers, trusts and estates lawyers or criminal defense lawyers. Each of them wants to attract new clients and increase earnings. They may join clubs, donate time to public charities, support political leaders, speak at trade association meetings, and write articles they hope will cause their phones to ring and emails to flow into their computers. Yet, what if all those efforts fall short. What to do?
Every general counsel over the course of his or her career will face the need to conduct an internal investigation into events at the company. Many of these may be routine in nature, such as matters dealing with individual employees or human resources issues.
Adopting technology is becoming more commonplace in legal. But, with a growing number of tools promising increased operational efficiency and reduced costs for corporate legal teams, deciding which tools are best for your department is a challenging path to navigate.
In the minds of some movers and shakers in the automobile industry, self-driving cars are the wave of the future. For investors and big business, the safe bet is that laissez-faire policies will win the day. But for consumers and workers, that very well may lead to unsafe and unstable futures.
You are defending a recently acquired company in a litigation. As part of pre-acquisition diligence, and prior to the litigation commencing, executives from your client and the company that acquired it shared analysis of facts relevant to the litigation. Now that the acquisition is complete, to what extent can these communications be protected by the attorney-client privilege, the work product doctrine or the common-interest exception to waiver?
Whether good or bad, the law is used by some to obtain or retain advantages over others, like education, money and politics. Over short and medium time frames, access to AI—and access to better AI—will likely skew toward those who can afford to supplement quality human legal advice for their separate advantage.
The Connecticut Bar Examining Committee temporarily denied admission to Reginald Dwayne Betts based on a prior felony conviction, pursuant to bar committee regulations that require a review in such situations. We believe that once the committee reviews the unparalleled array of Betts' post-conviction achievements, it will easily conclude that there is overwhelming evidence of good moral character and/or fitness to practice law.
There is a significant difference between providing an accurate or even a thorough legal answer, and providing a legal opinion that is strategic, that is likely to be trusted and followed by the client, that does not create additional liability for the client and that zealously protects the client's legal rights.
To drive somewhere, all you have to tell an automated car is your destination, the rest is technology, albeit complex amazing and sometimes patentable technology. Given any two physical coordinates, the same technical solution should be applicable to any human passenger. However, when legal issues are involved, a human client may not be able to articulate a preferred outcome and also usually needs advice on what results are even possible. A lawyer thus needs a lot more information, and an AI needs a lot more complex, amazing and sometimes patentable technology.
If we are increasingly willing to consign our fortunes to the advice of artificially intelligent financial advisers and place our mortal survival in the hands of robo surgeons and driverless cars, when should we entrust our legal rights to robo-lawyers?
For many attorneys, international travel is a function of a modern and increasingly global law practice. With this rise in travel, however, comes an increased risk of violating the rules of professional conduct and potentially facing a malpractice claim as a result.
In this Special Report: "NY's Latest Legislation: What Passed, What Didn't, What's Next," "Planning for the Suddenly Wealthy: Call in the SWATT Team," "Multigenerational Estate Planning in Times of Anticipated Change," "The Digital Footprint After Death: Who Wears the Shoes?" and "Dead Hand Control and Estate Tax Considerations."
Lawyers and other members of the professional class simply don’t get the white working class or their plight. And that lack of empathy on the part of the elites is the reason Donald Trump won the presidency—and may do so again.
A 72-year-old man whose left foot was amputated after he was struck by a New Jersey Transit bus agreed to a $2.5 million settlement in his Essex County suit, Almeida v. New Jersey Transit Corp., on July 6.
In this Special Report: "Trump's NAFTA Renegotiation: Potential Changes and Impacts to Brands, Apparel and Textiles," "No Stress Distress: Asset Management Strategies for Facing Downturns With Style," "Everyone's a Critic: Fake E-Commerce Reviews Undercut the Marketplace" "Social Media: The New Storefront for Fashion," "Focusing on Labor and Employment Issues Will Always Be in Fashion," "Not-So-Fast Fashion: Landmines Facing Brands Moving Toward Direct-to-Consumer Strategies" and "Debunking the Fashion Industry's 'Three Change' Rule."
Although attorneys are called to act civilly and professionally, attorneys are also tasked with zealously representing clients and fighting on their behalf. When does behavior cross the line? Here are some tips for staying on the right side of professional.
Two recent decisions of the Delaware Court of Chancery separated by only two weeks took seemingly contradictory positions regarding the extent to which corporate disclosures must be made clear in proxy statements and other SEC filings.
In this Special Report: "In Three Procedural Decisions, Court Tackles Apportionment and Jurisdiction," "Decisions in the 2016-2017 Term Overwhelmingly Favored Prosecutors," "In Term of Transition, Court Sides With Insurers" "Court Considered Government Liability in Three Notable Cases," "Dealmaking With State-Owned Companies: Drafting, Enforcement Tips" and "The Oral Argument: An Absolute Must When Appealing a Case."
Counsel working pro bono for a 16-year-old girl sexually assaulted at a local public library when she was 7 have secured a $750,000 verdict against her attacker, who is serving a 17-year prison sentence.
When is an extended family a control block? The Delaware Court of Chancery acknowledged that while familial relations among a group of stockholders are not per se sufficient to establish a controlling stockholder block, a family that regularly refers to itself as a single unit may constitute a controlling stockholder block.
The predominant approach in most jurisdictions to determine whether the dismissal of a derivative action based on the failure to adequately plead demand futility bars re-litigation of this issue in a subsequent derivative action brought by a different stockholder plaintiff is to apply the traditional legal test for issue preclusion.
The National Law Journal spotlights seven companies in the Washington area that have effectively managed corporate counsel operations in areas including overall performance, scoring big deals or litigation success, managing outside counsel, promoting diversity and handling compliance and regulatory matters.
The South Asian Bar Association of Delaware, which celebrated its 10th anniversary last month with an event featuring Paul Grewal, deputy general counsel at Facebook Inc., announced its new board of directors.
The power of belief and its thesis that you can accomplish virtually anything you put your mind to, is pooh-poohed by some as New Age nonsense. The critics assail the concept as happy talk that is unproven and certainly has no place in professions such as law.
In the Daily Business Review's diversity special section, articles focus on an anecdotal increase in the number of women rising in firm leadership and a Florida Bar training program lauded by participants for having helped diversity.
Thus far, the Juliana plaintiffs have survived the government's motions to dismiss and interlocutory appeal. At this point, the plaintiffs and the federal District Court judge, Ann Aiken in Oregon, stand ready to move the case to a prompt trial. The Department of Justice, on the other hand, has filed a mandamus petition, asking the Ninth Circuit to step in and short circuit ordinary procedures of discovery, trial and appeal.
I was shocked and dismayed to read your article entitled "Tesla's Plan to Expand Sales May Face Resistance From Lobbyists." Something's terribly wrong here. Why is the government's permission required to expand one's legitimate (if not praiseworthy) business venture?
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