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In-house Access Insight & Commentary for In-House Counsel Worldwide

Monthly Archives: July 2008

Federal Erosion of Business Civil Liberties: Part 5

Posted in Miscellaneous

In the prior blogs on this topic I have hopefully persuaded you that this is a matter of considerable concern. Although the first reaction of many might have been less than sympathetic, it is clear that business is being faced with the potential for criminal prosecution that does not have the protection of the public… Continue Reading

More On The Federal Erosion of Business Civil Liberities

Posted in Miscellaneous

When Does Criminal Risk Arise? In the prior blogs on this subject I have said that you and your clients are in an environment in which criminal prosecution could occur without reasonable expectation, and that enforcement agencies have demonstrated little judgment in exercising restraint. In addition, other than expressing written outrage at some prosecutorial misconduct,… Continue Reading

eDiscovery Resources

Posted in Technology & IP

According to a recent national survey, electronic discovery is ranked as the issue that will have the biggest impact on the practice of law in the next five years. Recognizing the accelerating impact of e-discovery, the Institute for the Advancement of the American Legal System (IAALS) at the University of Denver has released two new… Continue Reading

Why Do Law Firms Grow?

Posted in Miscellaneous

This blog is another in a series of blogs around the fringes of ACC’s Value Challenge. As I said in my Bio, one of my purposes in these blogs is to give you an opportunity to think outside the box, a luxury that your daily routine may not permit. So why do law firms grow?… Continue Reading

Federal Erosion of Business Civil Liberties

Posted in Miscellaneous

The extent to which the Federal government has criminalized conduct is extra-ordinary. By 1900 there were 165 federal criminal laws. That number had increased to around 2000 by 1970. In 1998 the number had grown to 3,300 and by 2004 to more than 4000. This is only part of the problem. The Code of Federal… Continue Reading

Replacement Tenants and Remedies in Co-tenancy Clauses

Posted in Miscellaneous

An important aspect of a co-tenancy clause can be the types of replacement tenants that are deemed satisfactory to a tenant if the initial co-tenant ceases operations, particularly if the co-tenant has the right to cease operations under its lease, or is not otherwise bound by an operating covenant. A landlord that does not have… Continue Reading

Today’s Export Controls Legal Quick Hit Continued

Posted in Miscellaneous

A continuation of the legal quick hit which took place on today’s New to In-house Committee Monthly Teleconference. For more information about committee teleconferences, click here. The Export Administration Regulations (“EAR”), 15 C.F.R. §§ 730-774, promulgated under the authority of the Export Administration Act (“EAA”), 50 U.S.C. App. §§ 2401-2420, control the export and re-export… Continue Reading

Legal Marketing- Just No Product Differentiation

Posted in Miscellaneous

Did you ever fly fish? If you haven’t, you should try it because it will give you sense of the problem faced by those in the legal marketing community. You will see that in the bio’s that lawyers use to sell their services–they all look remarkably the same. Perhaps you can make some distinction based… Continue Reading

Massachusetts v. EPA – Supreme Court Ruling

Posted in Miscellaneous

“In response to the U.S. Supreme Court’s ruling last year in Massachusetts v. EPA, the Environmental Protection Agency (EPA) is on the verge of issuing an Advanced Notice of Proposed Rulemaking (ANPR) regarding regulating Greenhouse Gas (GHG) emissions under the Clean Air Act (CAA). EPA will need either to make an endangerment finding or explain… Continue Reading

The Relevance of the Duke Lacrosse Scandal

Posted in Miscellaneous

I know what you are thinking. He has gone off the deep end again. He is talking about the abuse of prosecution of some individuals–it was terrible, but what on earth does it have to do with in-house practice? Unfortunately, it is my task to tell you that it has a great deal to do… Continue Reading

Shopping Smart- Is It In Vogue for In-house Counsel

Posted in Miscellaneous

Yesterday, I was at my yacht club. Did say yacht club? That title may suggest more prestige and status than actually exists by being associated with this club. Since I retired I finally consented to serving as one of the trustees. We do not meet in blazers emblazoned with the club’s logo, although I did… Continue Reading