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The American Lawyer

Middle Market Proves Top Prospect for Many Am Law Firms

Rather than trying to crack into the overly competitive Fortune 50 territory, an increasing number of Am Law 200 firms and below are finding there is no shame being in the middle.
10 minute read

New York Law Journal

Emotional Distress and Right of Sepulcher

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: While recovery for negligent infliction of emotional distress is limited in New York, one area in which such claims have long been permitted involves the interference with the right to the body of a deceased loved one. This right, which exists at common law, is known as the right of sepulcher. A surprising number of actions have been brought against hospitals based upon violations of that right
16 minute read

New York Law Journal

Government Makes Manafort's Lawyer a Key Witness Against Him—Ho-hum?

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Mostly lost among the headlines regarding the first charges to be brought by Robert Mueller and the Special Counsel's Office investigating Russian interference in the 2016 U.S. election was the simultaneous release of a court opinion compelling one of Manafort's own lawyers to testify in the grand jury. A review of the decision and the indictment indicates that the lawyer is likely to be a key witness against Manafort and Gates at trial.
12 minute read

New York Law Journal

A Three-Point Legislative Agenda for Court Reform in New York

Richard J.L. Lomuscio writes: The rejection of a constitutional convention is not the death-knell for possible reform. In fact, the restructuring of New York's court system has steadily gained support from the bar.
17 minute read

Legaltech News

3 Challenges of Modern Supply Chain Cybersecurity Management

A cyberSecure panel of in-house and cybersecurity experts discussed the most perplexing complications facing many organizations' third-party risk management programs.
9 minute read

Legaltech News

Which Is Safer: A National Digital Identifier System or Social Security Numbers?

Social Security numbers are now used as a proxy for an identifier by many businesses, but recent breaches have revealed their downsides.
4 minute read

New York Law Journal

Ninth Circuit Allows Fox to Use 'Empire' Despite Prior Use by Record Company

Entertainment Law columnists Michael I. Rudell and Neil J. Rosini discuss a recent decision which addressed the question: What distinguishes a First Amendment-protected use of that pre-existing mark from an actionable infringement?
9 minute read

New York Law Journal

Why Is Law Firm Innovation Failing?

Law Firm Marketing columnist Marcie Borgal Shunk asks and analyzes the question: Why are innovation efforts by larger law firms failing to make a meaningful impact?
5 minute read

New York Law Journal

Crisis Management: Is Your Company Prepared?

Samuel Estreicher and James Philbin write: Recent disclosures that key employees have engaged in sexually abusive practices towards coworkers and job aspirants raises to the fore serious practical questions for corporate executives and in-house counsel. What should the company do to prepare for and manage crises?
10 minute read

New York Law Journal

Sample Choice of Law Clause Now Contained in NY Commercial Division Rules

On Oct. 26, 2017, the New York Office of Court Administration approved an amendment to the Commercial Division Rules to include a sample choice of law clause for parties to include in a contract, which clause was added as a new Appendix to the Rules. Jonathan D. Lupkin discusses the background and purpose of the amendment, which becomes effective on Jan. 1, 2018.
16 minute read

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