| | |
Intellectual Property
Fundamental Principles of Trade Secret Law and Litigation, by
William M. Parrish, H. Carl Myers.
In a nutshell, a trade secret is information that has
commercial value to a business that is kept reasonably
confidential. This article is intended to be a brief overview of the highlights of fundamentals of trade secret law and trade secret litigation.
Texas.
23 pages. Written:
2007. Added:
1-10-2010.
texasbarcle.com
|
|
Insurance
Directors And Officers Liability Insurance And Subprime Mortgage Crisis Related Litigation, by
John T. Wolak and Andrew B. Smith.
The inevitable, and presently occurring, increase in litigation arising out of the subprime mortgage crisis will have wide-ranging effects on many businesses. One way a company can properly brace itself for this litigation onslaught or any risk of litigation is to understand the nature and extent of its Directors and Officers (“D&O”) insurance coverage.
Non-Specific.
2 pages. Written:
2008. Added:
9-01-2009.
The Metropolitan Corporate Counsel, Inc.
|
|
Ethics
Protecting Client Confidences And Your Practice, by
Joe Kashi .
Recent University of California-Berkeley data suggests that somewhere between 95% and 98% of all business records are originally electronic records produced and stored on personal computers and similar devices, and thus vulnerable to prying. That statistic, along with concerns about hacking, identity theft, our heavy reliance upon the Internet and the daily bombardment of computer viruses, spyware, and other sneaky malicious software, are a strong caution to attorneys as regards protection of client interests. The problem with electronic data security is that it’s usually either too little or too much. Striking the right balance between ease of use and Fort-Knox style security is difficult, particularly with wireless networks and broadband Internet connections.
Non-Specific.
3 pages. Written:
2009. Added:
4-05-2009.
Law Practice Today
|
|
Corporate and Securities
What Happens When A Broker-Dealer Fails? A Summary Of Certain Key Bankruptcy Code and SIPC-Related Issues, by
Marc Abrams, Michael Kelly, Paul Shalhoub and Jack Habert.
This memorandum highlights certain provisions of United States law relevant to a customer of a
registered broker-dealer (like Bear Steams) in the event of its insolvency. an entity that is classified as a "stockbroker" or "commodity broker" under the
Bankruptcy Code is not entitled to seek chapter 11 protection to reorganize its business.^
Instead, the only chapter of the Bankruptcy Code available to a stockbroker or commodity broker
is chapter 7, which is the liquidation chapter of the Bankruptcy Code. Moreover,
notwithstanding the automatic stay provisions of the Bankruptcy Code, the Securities Investor
Protection Corporation ("SIPC") may file an application for a protective decree under the Securities Investor Protection Act of 1970
Federal.
6 pages. Written:
2008. Added:
3-09-2009.
Firm site
|
|
Practice Management
Handle with Care, by
Daniel F. Bayha.
Protecting electronically stored information (ESI) has always been priority for law firms’ technology departments. After all, law firms not only store their own data, but also an abundance of sensitive client information. Attorneys are ethically bound to safeguard client data from potential loss, unauthorized exposure, or theft. Because of this, most law firms have developed various security strategies and tactics to protect electronically stored business records, both internal and external. With the aid of software and hardware, a perimeter is established around the data, permitting only authorized individuals to access the stored information.
Non-Specific.
6 pages. Written:
2008. Added:
2-18-2009.
alanet.org
|
|
Marital and Family
How To Discover Business Assets--Finding hidden assets in divorce cases, by
Nicholas L. Bourdeau.
The presence of a business in the valuation of a marital estate adds a level of complexity to the investigation because a business can be an ideal venue for keeping assets from a spouse. This is a function of size, control and source. Transactions that can have a large effect on the marital estate might be camouflaged by the large transactions that normally occur in a business. Some business owners can exert total control over the operations of a business, defeating internal controls and normal bookkeeping procedures.
Non-Specific.
3 pages. Written:
2009. Added:
1-13-2009.
Legal Assistant Today
|
|
Practice Management
Resources for Survival, by
Phillip M. Perry.
Not too long ago disaster recovery planning was confined to the maintenance of data system backups at remote locations. Law firms started thinking they really had to do something. This article describes The focus shifted from technology-centered disaster planning to full business continuity planning, covering the people and technical aspects to enable attorneys or staff to work from any location following a disaster.
Non-Specific.
5 pages. Written:
2008. Added:
1-02-2009.
alanet.org
|
|
Practice Management
The New World of E-Billing, by
Phillip M. Perry.
For law firms, e-billing systems do more than help collect money quicker. They also assist in tracking receivables from the time invoices are sent to the time they are rejected or paid. Given the collaborative nature of e-billing, this article briefs the benefits of the systems that help business relationships grow.
Non-Specific.
5 pages. Written:
2007. Added:
12-25-2008.
alanet.org
|
|
e-Discovery
A Criminal’s View to Hiding Electronic Data, by
Fios.
It might seem strange that a person who works in the electronic discovery business would ever write from the point of view of a criminal, but after seeing some of the decisions made by attorneys, the courts and others in this business, adopting the criminal mindset might help us uncover some of the common mistakes made during e-discovery – and attempt to right them so they can be avoided in the future.
Non-Specific.
1 pages. Written:
2008. Added:
12-13-2008.
fiosinc.com
|
|
Ethics
'Lawrence': Contingent Fees and Unconscionability, by
Glen Banks.
The doctrine of unconscionability reflects a public policy that a court will refuse to enforce an agreement that offends basic notions of civility and fair play.An unconscionable contract is one that is so grossly unreasonable, in the light of the mores and business practices of the time and place, that it should not be enforced according to its terms.
Non-Specific.
2 pages. Written:
2008. Added:
12-01-2008.
New York Law Journal
|
|
Computer Forensics
Collecting Computer Data in the U.S.: Pick the Wrong State and You Could Wind Up in Jail, by
John Tredennick.
Texas and Michigan have created tough laws regarding computer forensics. This article explains the new rules these states have enacted.
They say everything is big in Texas but when it comes to imposing penalties on computer forensics, Michigan now takes the cake. Let’s take a look at these two state laws and see what we can learn. Not surprisingly, both seem to be the product of heavy lobbying from the state PI bar. If this proves good for local business, you can expect other PI groups to start lobbying their legislatures as well.
Non-Specific.
1 pages. Written:
2008. Added:
11-21-2008.
Law Technology Today
|
|
Practice Management
Tech Leasing for Lawyers, by
Dennis Kennedy.
Many small businesses lease technology as a common practice. As many as 80 percent of all businesses use or have used technology leasing to one degree or another.
This srticle describes The New Popularity of Technology Leasing for Law Firms, the Leasing Mentality, and Leasing Advantages and Disadvantages.
Non-Specific.
1 pages. Written:
2008. Added:
11-21-2008.
Legal Assistant Today
|
|
Energy
Western States Need to Lead on Carbon Storage, by
L. Poe Leggette .
Gov. Bill Ritter's 2007 Climate Action Plan has set out a thorough and ambitious program to reduce Colorado's emissions of greenhouse gases (GHG). Other Western states have started similar efforts.
But the linchpin of reducing GHG emissions without severe economic dislocations is the ability to capture these gases before they're released into the atmosphere and to store them for the long-term. Western states have begun focusing on this issue, but much more needs to be accomplished soon.
Colorado.
1 pages. Written:
2008. Added:
11-14-2008.
Denver Business Journal
|
|
Practice Management
It’s Easy Being Green, by
Gina Maciula.
Over protestations about the cost and the time it would take to become a green business, we agreed to do research to determine precisely what would be involved.
This article describes the steps be part of a business that is not only profitable, but also planet friendly.
Non-Specific.
5 pages. Written:
2007. Added:
11-01-2008.
alanet.org
|
|
Practice Management
The Evolving Tactics and Strategies of Law Firm Marketing, by
Micah Buchdahl AND Jamie Diaferia.
Depending on the firm’s practice type and market competition, it is not unusual to see some of the United States’ smallest firms with significant six-figure investments. While firm management has a better understanding today of the need to invest in business development, the struggle is more with the “how” than the “why.”
Non-Specific.
6 pages. Written:
2007. Added:
10-04-2008.
alanet.org
|
|
Practice Management
When to say no: How to avoid problem clients, by
Edward Poll.
To succeed, every law firm from start-ups to multinational giants must avoid accepting business from problem clients. The ten red flags listed below are designed to facilitate the process of reviewing prospective clients.
Non-Specific.
1 pages. Written:
2005. Added:
10-04-2008.
TechoLawyer
|
|
Practice Management
Protecting Your Firm Against Internet Threats, by
Christy Burke.
Both law firms and businesses can attest that the cost of doing business has increased exponentially as high-tech security hardware, software and personnel have become necessary to protect the average company’s day-to-day operations. Wireless Internet connections, as well as wireless devices such as cell phones and PDAs are all necessary for today’s mobile lawyering, but we forget that they are all hackable and present exposure risks. And with so many lawyers breaking off from their mother ship law firms, the possibility of theft of files, contacts, trade secrets and intellectual property represents a huge exposure.
Understandably, concerned attorneys and law firm IT managers want to know where these threats are coming from so they can properly arm themselves.
Non-Specific.
3 pages. Written:
2007. Added:
9-21-2008.
LJN’s Legal Tech Newsletter
|
|
Practice Management
VoIP: Hype or Reality?, by
Paul Chisholm.
Many people use free or consumerclass Voice over Internet Protocol (“VoIP”) solutions and make longdistance
calls for “free.” But is this VoIP technology suitable for a law firm? Will it provide the business-class security and reliability expected in a phone system?
Non-Specific.
2 pages. Written:
2008. Added:
9-20-2008.
LJN's The Legal Tech Newsletter
|
|
Criminal
Keeping The Board Of Directors Cool While The Company's In The Hot Seat, by
Stephanie A. Martz.
Describes couple of valuable insights from the board members and general counsels, and their insights that we should all keep in mind whether we represent businesses, corporations or employees in corporate and securities, criminal or other matters.
Non-Specific.
1 pages. Written:
2005. Added:
9-12-2008.
nacdl.org
|
|
Criminal
Why Criminal Law Should Matter To Business, by
Stephanie Martz.
This speech is all about the importance and relevance of reforming our federal criminal laws, as they relate to the corporation. But, in fact, there’s much more evidence that criminal law is the new frontier in corporate overregulation:
Non-Specific.
1 pages. Written:
2006. Added:
9-12-2008.
nacdl.org
|
|
Business
Doing Business in China: What Every US Company Needs to Know Now , by
Jeffrey Blount , Yanhang Hu , Jeff Jiang and Seth Werner .
Topics discussed include:
Sourcing Strategy in China
Made in China: How Yesterday's Economic Reform Policies are Paying Dividends Today
Current Issues for Inbound Acquisitions and Investments in China.
Non-U.S..
49 pages. Written:
2008. Added:
7-04-2008.
www.fulbright.com
|
|
Energy
Western States Need to Lead on Carbon Storage, by
L. Poe Leggette .
Gov. Bill Ritter's 2007 Climate Action Plan has set out a thorough and ambitious program to reduce Colorado's emissions of greenhouse gases (GHG). Other Western states have started similar efforts.
But the linchpin of reducing GHG emissions without severe economic dislocations is the ability to capture these gases before they're released into the atmosphere and to store them for the long-term. Western states have begun focusing on this issue, but much more needs to be accomplished soon.
Non-Specific.
1 pages. Written:
2008. Added:
7-04-2008.
Denver Business Journal
|
|
Bankruptcy
Acquiring Distressed Assets, by
Joseph Kinning, Berry Spears, Brad Geer & Matt Mazzucchi.
Through the Fulbright Forum, companies of all sizes will get concise, practical business information combined with a legal perspective. Each Fulbright Forum will feature an outside speaker who is a leader in the field discussing a timely topic with experienced Fulbright lawyers who practice in key areas of the law.
Non-Specific.
33 pages. Written:
2008. Added:
7-04-2008.
www.fulbright.com
|
|
Ethics
'Lawrence': Contingent Fees and Unconscionability, by
Glen Banks .
The doctrine of unconscionability reflects a public policy that a court will refuse to enforce an agreement that offends basic notions of civility and fair play.An unconscionable contract is one that is so grossly unreasonable, in the light of the mores and business practices of the time and place, that it should not be enforced according to its terms.
Non-Specific.
2 pages. Written:
2008. Added:
7-04-2008.
New York Law Journal
|
|
Intellectual Property
Privacy and Data Breaches, by
Carmen Natale.
Managing and securing personal data and sensitive business information has become an immense challenge for companies, and attorneys have been obliged to rethink a once-quite sphere that has become dynamic - records management.
Non-Specific.
8 pages. Written:
2008. Added:
7-04-2008.
www.gibbonslaw.com
|
|
Insurance
Directors And Officers Liability Insurance And Subprime Mortgage Crisis Related Litigation, by
John T. Wolak and Andrew B. Smith.
The inevitable, and presently occurring, increase in litigation arising out of the subprime mortgage crisis will have wide-ranging effects on many businesses. One way a company can properly brace itself for this
litigation onslaught or any risk of litigation is to understand the nature and extent of its Directors and Officers
(“D&O”) insurance coverage.
Non-Specific.
2 pages. Written:
2008. Added:
7-04-2008.
www.gibbonslaw.com
|
|
Health Care
Business Conduct Guidelines For Health Care, by
Judith A. Waltz, Leeann Habte and Jeannine Y. McGregor.
Overall, a Code of Conduct should generally identify what relationships will be subject to scrutiny, ban inappropriate activities, develop mechanisms to guard against improper influence or conflicts on decision-making, and emphasize transparency in relationships between physicians and industry. As the OIG has noted, a Code of Conduct can function like a constitution. Industry sector Codes and Guidelines provide guidance and models applicable to the risks of a specific sector which should be studied and
adapted for individual entity use.
Non-Specific.
7 pages. Written:
2008. Added:
7-03-2008.
Portfolio Media, Inc.
|
|
Health Care
A Malady in Search of a Cure-The Increase in FCPA Enforcement Actions Against Health-Care Companies, by
Mike Koehler.
This article explores the unique FCPA risks and challenges
for health-care companies doing business or seeking to do business in foreign markets. While the risks and challenges are numerous, they are not unmanageable; the key to FCPA compliance is to adopt effective, comprehensive, and well-communicated FCPA compliance policies and procedures.
Non-Specific.
41 pages. Written:
2008. Added:
7-03-2008.
www.foley.com
|
|
Criminal
Debate Over Lawyers' Role in Anti-Money Laundering Enforcement, by
Howard W. Goldstein.
Duty of lawyers representing financial institutions in the United States is almost solely toward their clients, in the European Union, lawyers have affirmative obligations to report suspected money-laundering activity to government authorities. Apart from the reasons advanced by the ABA against imposing gatekeeping obligations on lawyers, the Kuehne case graphically illustrates the new risks associated with gatekeeping.
Non-Specific.
1 pages. Written:
2008. Added:
7-02-2008.
Business Crimes Bulletin
|
|
Business
2008 Update to Guide to Establishing a Subsidiary in China, by
Jie Chen and Jianwei Zhang.
As China’s strength in the global economy continues to grow, businesses need to consider the prospect of
establishing operations within its borders. This article provides general information on establishing a subsidiary by foreign investors, to help provide guidance and demystify the process.
Non-Specific.
6 pages. Written:
2008. Added:
7-01-2008.
Fenwick & West
|
|
Business
Basics of Early Stage Legal Issues - A Guide for Entrepreneurs, by
Rajiv Patel.
This article describes:
2007 Update to Guide to Starting a Corporation,
Financing Basics - Presentation Slides,
Model Preferred Stock Financing Term Sheet (including Sample Series A Preferred Stock Financing Analysis)
Venture Capital for High Technology Companies,
VC Terms Survey (Q4,2006) and Explanation of Terms,
Software Escrows as Part of an Intellectual Property Strategy,
Legal FAQ: Introduction to Patent Law,
Developing a Patent Strategy - A Checlist for Getting Started.
Non-Specific.
106 pages. Written:
2007. Added:
7-01-2008.
Fenwick & West
|
|
Practice Management
How To Conduct a Background Check, by
Genie Tyburski.
Lawyers and clients use the phrase, background check, as a catchall for many types of investigative research involving people or companies. To some, it encompasses a criminal background check. To others, it means finding general information about a business' products and services, reputation, legal status and competitors. For this reason, it helps to understand the context of the request or the specific problem that needs to be solved. More importantly, if the research involves a person, there are legal and ethical reasons for knowing why someone wants a background check.
Non-Specific.
1 pages. Written:
2008. Added:
6-29-2008.
Law Office Computing
|
|
Commercial
'Kay III’ Highlights Reach of FCPA to Payments Abroad, by
Michael J. Gilbert and William Gibson.
‘Kay III’ makes clear that payments to foreign government officials, even if they do not appear to be related in any direct way to obtaining business, may well be considered Foreign Corrupt Practices Act violations.
Non-Specific.
2 pages. Written:
2007. Added:
5-10-2008.
New York Law Journal
|
|
Criminal
Foreign bribery Risky business, by
Robert Goldspink, Emma O'Kane.
Recent high profile foreign bribery cases in Europe and the US have illustrated the need for companies and their legal advisers to be aware of, and manage, the legal
risks in this area. The risks are real and substantial. US anti-corruption law catches a wider group of offenders than most other countries. The law has been enforced with greater vigour than elsewhere.
Non-Specific.
6 pages. Written:
2007. Added:
5-09-2008.
PLC Cross-border
|
|
Employment and Labor
Dealing With Workplace Disabilities Under The ADA (Part 1), by
Anne Marie Estevez and Athalia E. Lujo.
Employees’ injuries, illnesses, and other disabilities pose complex legal problems for employers. Among the various statutes with which employers must comply when dealing with ill, disabled, or absent employees is the Americans with Disabilities Act (ADA), 42 U.S.C. §§12101-12213 (2006). Employers must consider how, if at all, they can accommodate disabled employees effectively in the workplace in order to avoid potentially costly litigation under the ADA.
Non-Specific.
7 pages. Written:
2007. Added:
5-09-2008.
ALI-ABA Business Law Course Materials Journal
|
|
Evidence
Five Common Evidentiary Issues in Securities Fraud Actions Against Auditors and Accounting Firms, by
Scott B. Schreiber and Robert Alexander Schwartz.
Cases of securities fraud presenting
complex questions of fact involving the application
of GAAP and GAAS to unique modern
business operations are inherently challenging for
a jury of laymen. Counsel for the plaintiff has a
duty to use that practical reality to his or her client’s
advantage, within the confines of ethics.
Counsel for the auditor defendant should focus on ways to simplify the trial by eliminating confusing or prejudicial evidence from the jury’s consideration.
Non-Specific.
10 pages. Written:
2007. Added:
4-27-2008.
ALI-ABA
|
|
Business
An Overview of Issues and Cases Involving Business Torts in Texas Litigation, by
Fields Alexander.
An understanding of business torts is essential to
the Texas business litigator. This paper outlines key
information regarding the fundamental areas of
business torts including fraud, breaches of fiduciary
duties, and disputes over competition and the use of
competitive information.
Texas.
31 pages. Written:
2008. Added:
4-20-2008.
State Bar of Texas Litigation Update
|
|
Banking and Finance
Direct Creditor Claim for Breach of Fiduciary Duty Nixed, by
John J. Rapisardi
.
Together, the Delaware Supreme Court’s decision in Gheewalla and the Chancery Court’s decision in Trenwick each appear to reinforce the principle that the business judgment rule continues to shield good
faith business decisions of directors regardless of the financial state of the corporation.
Non-Specific.
2 pages. Written:
2007. Added:
4-04-2008.
|
|
Business
Should You Sue Over A Term Sheet?, by
Gregory G. Ballard and Jessica Lively.
When negotiations break down between term sheet and contract, you might need to litigate. The range of circumstances in which parties find it useful to prepare a preliminary document memorializing their common goals before they execute a final full-scale contract is limitless.
Non-Specific.
14 pages. Written:
2007. Added:
4-04-2008.
|
|
Insurance
Choice of Entity for Insurance Agencies in Texas, by
John E. Gangstad.
Article discusses how to decide on the best form of business entity depending on the situation and concerns of the owner.
Texas.
5 pages. Written:
2005. Added:
4-03-2008.
|
|
e-Discovery
Metadata, by
Richard E. Davis.
Corporate information management can be a very complex proposition. It often involves different corporate stakeholders who view & use information in different ways based on a variety of business needs, legal or regulatory requirements. The key to developing the solution to quandary lies in understanding & management of metadata across enterprise.
Non-Specific.
1 pages. Written:
2008. Added:
4-02-2008.
|
|
Government
A Best-Practices Proposal for Compliance Officers, by
Michael G. Oxley and George A. Stamboulidis.
While the conquistador’s extreme tactic
is beyond the pale for modern businesses,
the notion survives that employees do
best when they have a tangible stake in
their employer’s economic success. Today
that motivation often manifests itself as
“incentive-based” compensation, such as
employee stock options.
Non-Specific.
2 pages. Written:
2007. Added:
4-02-2008.
|
|
Corporate and Securities
Dos and Don'ts For a Board Investigation, by
George Stamboulidis and Jamie Pfeffer.
The duty of a Director of any business is to protect the company and its shareholders' interests. This article seeks to guide directors through this process and avoid the traps that appear in accompanying scenario (see box) that many corporate stewards may find themselves confronting.
Non-Specific.
4 pages. Written:
2007. Added:
4-02-2008.
|
|
Health Care
More hospitals are seeking to form affiliations, by
Steven A. Eisenberg.
This article will discuss in greater detail certain drivers behind hospital affiliations, and business and legal considerations that must be carefully examined by both the parties prior to entering into an affiliation so that the affiliation’s potential is maximized.
Non-Specific.
3 pages. Written:
2007. Added:
4-02-2008.
|
|
Business
Accountants’ Liability, by
Marc D. Powers and James E. Pfeffer.
The article focuses on a recent decision by the 2d U.S. Circuit Court of Appeals which reversed a decision of the Southern District of New York and held a corporation's auditor primarily liable under § 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5.
Non-Specific.
2 pages. Written:
2007. Added:
4-02-2008.
|
|
Business
GAAP Consistently Applied’: Concept Simple, Practice Not, by
Laurie E. Foster and Rachelle Barstow.
Acquisition agreements typically require that both the Target Balance Sheet and the Closing Balance Sheet be “prepared in accordance with generally accepted accounting principles consistently applied.”
This article discusses the meaning of such language in the context of a purchase price adjustment mechanism in an acquisition agreement.
Non-Specific.
3 pages. Written:
2007. Added:
4-01-2008.
|
|
Bankruptcy
Chapter 11 and Environmental Law, by
Joel M. Gross.
Bankruptcy law and environmental law have various things in common. Environmental law deals with places that were once green and have become brown and addresses how to make them green again. And bankruptcy law deals with businesses that were once in the black, have gone into the red, and focuses on how to get them back into the black.
Federal.
3 pages. Written:
2007. Added:
3-13-2008.
|
|
Business
Practice Note: US Foreign Corrupt Practices Act Compliance Program Tips, by
Sharie A. Brown.
This practice note will provide some tips on the elements of an effective FCPA compliance program that will help prevent potential
violations of this act for companies or firms. Companies can prevent FCPA violations with careful planning; testing of compliance procedures; reviewing internal controls, as
well as books and records;
Non-Specific.
4 pages. Written:
2007. Added:
3-13-2008.
|
|
Business
Membership Has Its Privileges, by
Mark J. Oberstaedt and Rebecca L. Rakoski.
Many private associations wrongfully believe that they can expel their unwanted members without reason and without fear of repercussion. This common misperception can lead private associations to make costly mistakes that have unintended consequences.
Non-Specific.
2 pages. Written:
2007. Added:
3-12-2008.
|
|
Environmental
Ramifications of Massachusetts v. EPA: Will Congress or EPA Act First?, by
Jonathan S. Martel and Clara A. Vondrich.
The future of greenhouse gas controls in the United States is the subject of an intensifying interplay among all three branches of the federal government and the states. As litigation, regulation & legislation continue to create uncertainty, the stakes for industry and public are high, and caution in business planning now and in future is critical.
Non-Specific.
13 pages. Written:
2008. Added:
3-12-2008.
|
|
|