Search results for ""American Bar Association""

Understanding the ins and outs of Section 409A and its impact on nonqualified deferred compensation plans of for-profit companies and tax-exempt organizations is crucial to your executive and employee benefits practice to avoid the harsh penalties imposed as a consequence of a compliance failure. This book includes: 300 questions and answers, cross-referenced to facilitate reference; Helpful practical hints and pointers; Citations in each answer to direct you into further research quickly; useful checklists and forms, including a document drafting checklist, a performance-based compensation summary checklist, and a summary matrix for operational error correction on pension style 409A plans, as well as an expanded Index. However you interact with Sections 409A and 457—as an attorney, accountant, actuary, compensation and benefits consultant, plan administrator, human resource professional, insurance professional, financial or estate planner, or even as a plan participant—this new edition is for you.

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Best Practices in the Acquisition of a Government Contractor, Second Edition identifies key transactional issues that arise in transactions involving government contractors across corporate, antitrust, political, foreign investment and other areas of law. Readers will receive targeted, and most importantly, useful advice from practitioners who have been involved in hundreds of transactions (often on opposite sides of each other). Readers will also learn from their hard-earned experience in the form of bold “Best Practice Tips” and this volume’s highly structured, easy to reference format. Each page is designed to allow a reader to quickly grasp a key issue to readily deploy in their practice. This volume also includes detailed appendices and forms that will help practitioners to supplement their existing forms, gather key documents and perform comprehensive government contracts due diligence. Topics include: The Due Diligence Process Scope of Government Contracts Review Cost Issues Particular to Government Contracts Claims, Disputes, and Bid Protests Adequacy of the Target’s Compliance Program Other Risk Areas Acquisition Documents and Pre-Closing Activities Antitrust Requirements CFIUS Approval for Foreign Ownership and Investment Existing Contracts – Dealing with the Anti-Assignment Statues Issues for the Combined Company

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Food law is a hot topic in today’s legal practice. For one thing, food is a highly-regulated product with fragmented oversight on the federal and state levels. Producers and retailers face an array of compliance obligations, especially as they operate in an increasingly inter-connected, globalized world. Even while the number of law school courses on food law proliferates to meet growing student demand, there remains substantial disagreement over just what constitutes food law. Can students tell firms they want to go into “food law” as a defined field of practice? Even for practicing lawyers, wrapping their arms around the contours of this nebulous field can be difficult at first. For readers new to the field of food law in its many forms, this Practical Guide aims to provide an overview of what lawyers actually do to assist food and beverage clients across various domains of legal practice. It is written by practicing lawyers for practicing lawyers, with a focus on information that is both practical and actionable.

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Fandom is a cultural phenomenon, embraced by millions of people worldwide, and its expression is the driving force for fan conventions, websites, and other forms of expression. Fandom and the Law is a current and unique resource that looks at the sociology of fandom, as expressed in fan-created content, and how established legal doctrines affect the creation and dissemination of fan fiction, fan art, fan film, and cosplay (costume play). Author Marc H. Greenberg is a law professor who teaches in the areas of entertainment, copyright, and pop culture, and he also represents comic book creators and historians on a diverse array of legal projects. He looks at the four main areas of creative fandom--fan fiction, fan art, fan film, and cosplay, and examines the role of fan content creators within this participatory culture, explaining the meaning of this phrase, the importance of this concept to fan content creators, and the critical element of communities of fandoms. The book next discusses the legal doctrines that affect fan-created works, providing in-depth historical and legal analysis of those aspects of U.S. law whose impact is felt through all fan-created creative works, especially copyright law that is the most relevant to the fan-content creator. This section concludes with a focus on two relevant legislative developments: the PROTECT Act and the CASE Act, the latter of which is currently pending final legislative approval. Next, the book provides a narrow focus on the interaction between the law and the different types of fan-created works with consideration of the specific legal issues regarding each type of content. Further, the book examines the critical role of social media in fandom and fan-created content. This chapter examines the legal issues arising from the huge role social media plays in fandom as this is the primary means by which fan-created content is displayed and distributed. Perhaps more so than in other areas of endeavor, fan-created content, with its inherent tension between fan creators and the original creators of the works that inspire them, turns to the law and the legal system to moderate that tension. The book looks to the future of fan-created content and how legal likely to impact that future, in both positive and negative ways, including how production companies have chosen to respond to fan-created works based on their content in the past and whether those reactions are likely to change in the future. Who can use this book? First and foremost, it is written to meet the needs of attorneys who counsel fan content creators and scholars who are interested in how the law affects this creative process. Yet the book also provides approachable and practical information for fan content creators themselves and the growing number of "acafans" or academics who study pop culture and fandom.

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The inspirational biography of Juan F. Vasquez, the first Hispanic American appointed to the United States Tax Court. The book depicts his journey surmounting numerous challenges such as poverty, manual labor, and discrimination. It explores his pursuit of education to build -- with the support of family, friends, and mentors - -a professional career serving family, community, taxpayers, and the tax system. Judge Vasquez’s story demonstrates that one can excel in the practice of tax law and serve the community and taxpayers while doing so, regardless of ethnicity, socioeconomic status, school pedigree, or geographic location. The overall message -- that hard work, perseverance, and persistence in the face of adversity can lead to unimaginable opportunities -- should resonate with all readers.

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Cyberbullying is the first pandemic of the twenty-first century. No country has escaped this phenomenon since the Internet became mainstream and litigation commenced in the 1990s. In fact, 2020 even witnessed cyber-abuse related to the novel coronavirus (COVID-19) as well as race relations and protests. Cyberbullying Law presents cases, comments, and legal research for attorneys, judges, and anyone interested in the rights and responsibilities of those involved in cyber abuse or harassment. Due to the ubiquity of all things digital, litigants invariably become enmeshed in electronic communication. This may lead to petitions for orders of protection or sua sponte orders from the bench regarding communication among parties, victims, and witnesses. Practitioners in civil and criminal courts, or family and juvenile courts regularly confront instances of cyber abuse, whether constituting harassment, intimidation, stalking or threats. First Amendment protections are not absolute, although often claimed as a defense in many of these cases. Sexting, revenge pornography, and defamation are subjects of litigation across the country. Wrongful death lawsuits ("bullycide") have been filed against youthful bullies and their parents. Employment law also sees its share of cyberbullying involving employees and management. Title VII of the Civil Rights Act of 1964 is often the basis of a legal action for discrimination at work or wrongful termination. School districts face lawsuits alleging negligent handling of reports of bullying or "deliberate indifference" to reported incidents, based on Title IX of the Education Amendments of 1972. To effectively represent a client, argue a case before a trial or appellate court, or simply play a video game with a family member, knowledge of cyberbullying and its consequences is essential.

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What do sexual assault survivors expect of the enabler-bystander? In this powerful book, Amos N. Guiora shares the stories of survivors to expose how individual and institutional enablers allow predators to perpetrate their crimes through silence and other failures to act. He then proposes legal, cultural, and social measures aimed at the enabler from the survivor’s perspective.Based on thousands of pages of grand jury indictments, civil lawsuits, criminal prosecutions, special reports, media accounts, and personal interviews with numerous survivors and their attorneys, Amos N. Guiora poses this critical question: What do sexual assault survivors expect of the enabler-bystander? Focusing on cases of sexual assault from USA Gymnastics, Michigan State University, Penn State University, The Ohio State University, and the Catholic Church, interview after interview sheds compelling light on two powerful responses: that this question had not been previously asked and that survivor expectation of protection and support from the enabler-bystander was rarely, if ever, met. Clearly the perpetrator benefitted from the complicity of the enabler. From the survivor's perspective, both bear responsibility for their plight and must be held accountable. This book emphasizes individual and institutional enablers alike; in fact, armies of enablers. With emotions ranging from deep disappointment to seething anger and extreme frustration, all articulate profound abandonment by the person in a position to assist them in the face of sexual assaults. Guiora proposes legal, cultural, and social measures aimed at the enabler from the survivor’s perspective. The proposed changes will address, and impact, both broader society and specific communities including higher education, elite athletics, sports organizations, religious institutions, law enforcement, the entertainment industry, and elected officials. With this book, Guiora is committed to sharing survivor stories and to propel change, which is essential to protect future survivors. Only by hearing their stories, do we fully understand the power of the enabler and the pain they cause the survivor. Their voices must propel us to change.

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Provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms "what you can do and what you can't do" under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it’s all covered in this concise reference. Search warrants, electronic surveillance, and use of canine search and seizure are also covered in great detail. In addition, citations are included in the book so that readers may find and read the entire case for more information. Finally, numerous charts and guides are included throughout the book to make this as practical a guide as possible, including: a Quick Checklist for Search Warrant Affidavit, Homicide and Violent Assault First Responders Checklist, In-Custody Death Checklist, Affiant Training and Experience Resumé Guide, Telephonic Warrant Form, and, much more. Make sure everyone involved with search and seizure in your organization is equipped with this thorough and understandable guide. Table of Contents: Chapter I. Investigative Detention Chapter II. Traffic Detention Chapter III. Arrest Chapter IV. Use of Force Chapter V. Interview and Interrogation Chapter VI. Warrantless Search and Seizure Chapter VII. Search Warrants Chapter VIII. Electronic Media Concerns Chapter IX. Canine Search and Seizure Chapter X. Canine Use of Force Appendices Table of Cases Index

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This meticulous, thorough, and scholarly book provides an understanding of the burden of proof and all it entails, beginning with its historical roots in the court systems of ancient Greece and Rome. Equally a practical work, it demystifies the theory and workings of the burden of proof in civil trials and how it profoundly shapes litigation practice.

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If you are a criminal defense lawyer, it is inevitable that you are going to represent someone on the Autism Spectrum. Indeed, the Center for Disease Control estimates that one in 59 children are on the spectrum. And because Autism is a lifelong condition, these children will become adults on the spectrum. But what is Autism Spectrum Disorder (ASD), how will you recognize it in a client, why is it relevant to the criminal justice system, and why do people with ASD get ensnared in the criminal justice system? The reason for compiling the expert opinions in Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers is meant to cover the complete anatomy of a criminal case, from the initial encounter with law enforcement, through the bond hearing, through the use of experts, through plea bargaining or dismissal, through resolution, including a sentencing hearing to prison or probation.

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This book provides a deep dive into various aspects of voice and presentation including breath, resonance, articulation, inflection and shaping openings and closing for maximum impact on the jury. It is divided into five primary sections, Tuning Your Instrument, Catching Their Interest, Catching Their Heart, Amplifying Through Body Language and Gesture, and Applying Voice to Everyday Legal Situations. The pedagogical goal is to provide a training model that yields actual and lasting results for litigators and attorneys who want a wider range of story-telling skills to strengthen their success in and out of the courtroom. This book’s contribution is the depth into which the authors go into the subject of voice and its relation to story-telling, providing a clear and tangible pathway to skill development and lasting transformation.

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This book offers an introductory overview, for nonspecialist attorneys, to the often intricate process of financing local capital projects through the sale of municipal bonds. It considers the major institutional and individual players in the bond issuance process, as well as those sometimes complex facets of the law that establish the ground rules for - and some limitations on - municipal debt financing.

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With countless articles and blogs on legal innovation, it is nearly impossible for attorneys to keep pace. The good news: lawyers can continue to learn well into their years of practice! With some updated vocabulary and a few real examples lawyers can learn to wow their clients. The Simple Guide to Legal Innovation: Basics Every Lawyer Should Know will help them on that journey, providing details on the: Legal ecosystem Rise of legal operations (or legal ops) Top innovation concepts lawyers need to know and more! By providing bite-sized lessons on topics that every practicing lawyer should be familiar with, this book will keep attorneys from getting left behind. Author Lucy Endel Bassli is ready to share her hard-won innovation advice with women looking to advance and commercial attorneys looking to shake things up.

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After reading this guide you will: Recognize and avoid common decision-making errors in litigation; Anticipate likely court outcomes more accurately; Communicate with clients about what's most important to them in their case; Help clients make better decisions; Negotiate and mediate more effectively; and Learn about technological tools to help make decisions in litigation Everyone involved in the settlement of lawsuits should make use of this valuable resource with many practical illustrations and checklists. Even the most experienced litigators will gain valuable guidance for effective and ethical practice of litigation and negotiation. This book also is very relevant for corporate and government counsel and executives, settlement conference judges, and law school faculty and students.

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Persons with disabilities and their family members and caregivers face numerous challenges every day. They need help navigating difficult bureaucracies and developing plans for long-term care and financial security. There are many voices - including an array of financial professionals and attorneys - clamoring for their attention. These clients may find it challenging or impossible to determine who might best help them with their specific problems. For these reasons, attorneys who wish to engage in special needs planning must develop plans that will enable them to connect with those families and individuals. The special needs planning attorney needs to be an expert attorney, not an expert about every type of disability. That said, an attorney seeking to represent persons with disabilities or their family members will find it helpful to have a general understanding of the disability that the clients have identified before the clients arrive at their office. This book covers topics from understanding the special needs client, to understanding public benefits, to building a special needs practice.

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Insurance is a sophisticated financial vehicle that can be best understood through the lens of risk management. Experiencing dramatic growth, captive insurance is owned and controlled by its insureds, pooling the risks of its owners. Captive insurance provides businesses with unmatched flexibility regarding coverage, claims, premium, and control, while also offering advantages such as lucrative dividends and innovative financing techniques. This state-of-the-art guide traces the development of small captive insurance and addresses how to set up and properly manage a captive. Modern Captive Insurance: A Legal Guide to Formation, Operation, and Exit Strategies, begins with an overview of what captive insurance is and detail the advantages in setting up a captive for a range of different business situations. Chapters explain how to incorporate and start up a new captive insurance program, including basic terminology and the roles different professionals play in running captive programs. Captive insurance is an intricate yet effective risk management strategy. For guidance in properly establishing a captive, the authors address critical issues evaluated by the IRS, such as risk shifting and distribution, and explore ethical considerations arising out of off-shore captive management, such as how to identify money laundering red flags and how to properly manage the investments of reserves. Modern Captive Insurance takes an in-depth look at the topics and issues that are common in insurance and in businesses, but are often handled differently for captives, such as: Financial statements, investments, and financial ratings Policy drafting and coverage Risk pools and structuring the pooling arrangement to be valid Federal, state and local taxation Tax-exempt organizations Risk retention groups (RRP) Reinsurance, and more Table of Contents Chapter 1: Captive Company Formation Chapter 2: Captives and Capitalists Chapter 3: Risk Pools Chapter 4: Financial Statements, Investments, and Financial Ratings Chapter 5: Policy Drafting and Coverage Chapter 6: Underwriting and Claims Reserving Chapter 7: Federal Income Tax and Captives Chapter 8: State and Local Captive Insurance Issues Chapter 9: Tax-Exempt Organizations and Captive Insurance Chapter 10: Risk Retention Groups and How They Work Chapter 11: Reinsurance Chapter 12: Workers' Compensation and the Grand Bargain Chapter 13: Employee Benefits Conclusion Table of Cases and Index

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Untangling Fear in Lawyering: A Four-Step Journey Toward Powerful Advocacy is a practical resource for law students, lawyers, legal educators, and law practice mentors to eliminate unnecessary drivers of fear in our profession that impact learning, performance, and individual well-being.For many law students and lawyers, studying and practicing law can be scary. We rarely talk about fear in law school or legal training. Instead, well-meaning mentors advise, “Just do it…fake it till you make it…if your dreams don’t scare you, they’re not big enough.” Yet, scientists confirm that fear blocks learning and performance. It can stoke anxiety and depression in a profession already saturated with mental health challenges. If we can turn down the dial of stress and anxiety even one notch for even one struggling individual in our profession by sparking a dialogue about the reality of fear in lawyering, let’s do it. Untangling Fear in Lawyering discusses the reality, causes, manifestations, and consequences of fear in legal education and practice, from the standpoint of law students, junior attorneys, and clients. It analyzes fear from a cognitive, physical, and emotional perspective. The book draws guidance from how other industries address fear (and mistake-making) in education and training. The book concludes with a four-step process for law students and lawyers to reframe fear into fortitude: (1) identifying scenarios in our personal and professional lives that should induce fear but do not, and those that arguably should not, but do; (2) reframing and rebooting our mental approach to fear in lawyering—using vulnerability, authenticity, and humility to tap into personal power; (3) cultivating an athlete’s mindset toward the physicality of fear; and (4) fostering a culture of fortitude in tackling individual legal challenges and in helping others within our profession untangle fears.

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Limited Liability Companies (LLCs) have become the predominant form of business entity created for American businesses, now far surpassing annually the numbers of new corporations. Among the features that have made LLCs attractive is that membership interests in an LLC are not subject to the traditional remedies, such as Writs of Levy, that have long been available to the creditors of shareholders. Instead, a creditor's recovery against the LLC interest of debtor is restricted to a heretofore little discussed remedy known as a "charging order." Corresponding to the rise of LLCs, creditor-debtor litigation involving LLC membership interests has likewise increased in volume. This has created a need for all concerned parties, meaning creditors, debtors, non-debtor members, the LLC, and even potential third-party buyers of LLC interests at a foreclosure sale of charging orders, to be able to come up-to-speed quickly on the subject of charging order. Thus, the LLCs, Partnerships and Unincorporated Entities Committee of the ABA's Business Law Section presents The Charging Orders Practice Guide to give readers a source of both the legal theory underlying charging orders and pragmatic suggestions as to how to deal with them from all viewpoints. The Charging Orders Practice Guide discusses a broad array of issues involving this remedy, including: The history and legal theory which underpins charging orders Creditor's strategies and tactics for obtaining charging orders and using them for maximum effect to enforce judgments Step-by-step guidance to obtaining and enforcing a charging order Debtor defenses to a charging order Counseling an LLC on how to respond to a charging order Charging orders and single-member LLCs Intra-member disputes involving charging orders The charging order in bankruptcy Tax issues as seen through the eyes of all the parties to charging order litigation And much more! BONUS: Appendices include sample charging order documents, plus both of Professor Carter Bishop's widely-cited fifty-state tables listing state statutes and the most important charging order decisions.

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Building a Better Law Practice: Become a Better Lawyer in Five Minutes a Day will help you be a better lawyer and build a better practice. Not through flash-in-the-pan gimmicks, but by sustained good practices in case management, client development, and undertaking the daily tasks of being a better lawyer. All lawyers are best served when they are stronger at their craft. This book will help you effectively manage and communicate with clients, handle your cases more efficiently, and become confident in your practice by providing practical and readily implementable systems and suggestions. Knowing how precious lawyers' time is, this book is written in a "daily reading" format. It's set up so that the reader can read one topic per day. Each day’s reading should take about five minutes or so. Over the course of about seven weeks, at the time cost of 0.1 hours per day, you will have collected dozens of practical strategies for developing an efficient and collaborative practice that will set the foundation for good relationships with your clients. Building a Better Law Practice contains stories and vignettes that drive home some very practical information. This book is not just for young lawyers...even seasoned lawyers will find refreshing tip after tip to improve and build effective law practices. Praise for the Book "Full of ideas for becoming a better lawyer." - Aaron Street, CEO, Lawyerist.com "Building a Better Law Practice is written by a lawyer just like you. Mild-mannered, quietly knowledgeable, and generous, Jeremy Richter wrote an unassuming book that will save you years of grief without interrupting your day. Buy it. Take the five minutes a day to read it. You’ll thank me later." - Ilonka Aylward, Aylward Family Law, North Carolina "Some of the best advice in Jeremy Richter’s devotional to law practice boils down to (1) don’t lose your sense of humor, (2) common sense and work ethic are just as important in the long run as your knowledge of caselaw, (3) see Number 1. But don’t take my word for it: read the book!" - Eli Edwards, Research Librarian at Santa Clara University School of Law

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In 1980, Terrence Hake was a young assistant prosecutor in the Cook County State’s Attorney’s Office in Chicago, Illinois. In April of that year, he agreed to assist the FBI and the United States Attorney’s Office in an investigation of the county court system, known nationwide to be a hotbed of bribery, corruption, and mob ties. For three and a half years, untrained and with ever-diminishing naiveté, Hake worked undercover posing as a corrupt prosecutor by accepting bribes from attorneys to “fix” cases for the criminals they were defending. Later, as an attorney in private practice, he made payoffs to judges and court personnel to arrange the dismissal of cases. Throughout the investigation, Hake had to befriend people he knew he would betray, wear a wire in bars and to racetracks, and help with many of the FBI’s unprecedented actions, such as bugging a judge’s chambers. The investigation, known as “Greylord,” became the longest and most successful undercover investigation in FBI history, and the largest corruption bust ever in the U.S. It resulted in bribery and tax charges being filed against 103 judges, lawyers, and other court personnel, and, eventually, three suicides and more than seventy indictments. When the last Greylord trial concluded in 1994, Terrence Hake had testified at the trials of 23 defendants and was officially an FBI agent. Operation Greylord has never before been detailed by an insider in the investigation. ABOUT THE AUTHORS Terrence Hake is a graduate of Loyola University of Chicago School of Law. He served for three years as prosecutor in the Cook County State's Attorney's Office in Chicago, Illinois and later as an FBI Agent in Chicago. He retired from the United States Department of Justice in 2008 and is currently a Director of Internal Investigations in the Cook County Sheriff’s Office of Professional Review. Wayne Klatt is a former reporter and news editor for the Chicago Tribune and a co-writer of the true-crime books Freed to Kill, I Am Cain, and Homicide: 100 Years of Murder. In addition, he is the author of Chicago Journalism: A History, King of the Gold Coast, and an opera guide for children.

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Understand how a building is built, from the foundation to the roof. This updated guide to practical construction technology explains: Building materials and systems Construction means and methods Construction terminology Includes many photographs, drawings and figures - plus glossaries and bibliographies. MORE Sticks and Bricks brings together in one volume the expertise of nationally recognized engineers, architects and contractors who explain in clear language their areas of building technology. No matter what your level of expertise, this guide pulls together the basics of constructing a building and presents it in a practical format.

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Preparing for a Federal Jury Trial shares proven trial strategies and techniques that can help you win your next federal jury trial.

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The surplus lines market segment has grown tremendously since the fifth edition of this book. Surplus lines carriers have been providing more coverage in hard-to-insure markets and when the insurance market becomes "hard," domestic insurance prices rise. And with more catastrophic losses, such as losses caused by wildfires, hurricanes, and other weather-related events, causing a hardening market, the amount of insurance written though the surplus lines market has and will continue to increase greatly. Industries such as construction that find getting coverage to be a difficult task are also turning to the surplus lines market. The U.S. surplus lines insurance market size was valued at $52.1 billion in 2019 and is projected to reach $125.9 billion by 2027.Now in its sixth edition, Annotations to Surplus Line Statutes is the most comprehensive analysis of surplus lines statutes available. It provides lawyers with a concise, single-volume reference which covers state surplus lines statutes, their amendments and regulations promulgated for all 50 states, the District of Columbia, Puerto Rico and the Virgin Islands.This new edition will be very useful to insurance regulatory lawyers, surplus lines brokers, surplus lines insurers, state surplus lines associations, and stamping offices.Much of what was covered in the fifth edition of the book was affected or displaced by the Non-Admitted and Reinsurance Reform Act (NRRA), which was part of Dodd-Frank, and other changes to the law. Some states are attempting to assert more regulatory control over surplus lines insurers to protect consumers, even though they are not admitted in the state and even though this was not done historically.

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There is not a single place in America where police and the community they serve do not exist side by side. America has always been the gold standard of democracy and freedom in the world. It has also been valued as that place where equal justice under the law is the rule and not the exception. While the nation is great in so many ways, it is not perfect. “We the people” continue to be challenged in two significant areas of development. One is in matters of “race” and the other is in the matters of “policing.” The issues of “race and policing” continue to lie at the center of our nation’s struggle to “form a more perfect union.” This book, Constitutional Policing: Striving for a More Perfect Union, examines the issues of policing in America and the pathways to achieve a level of constitutional policing that begins to address how our diverse nation and the communities we live in can become safer, more equitable, more respectful of our differences. The chapters in this book detail the legal challenges that will have to be engaged in if there is any hope of our communities becoming places where we truly are engaging the possibilities of government “of people, by the people, for the people.”

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Human trafficking is the reprehensible practice of physically or psychologically compelling an individual to work or provide commercial sexual services. An estimated 27.6 million people are held against their will in either commercial sex or forced labor around the world, yet fewer than one percent of these individuals ever identified. Attorneys have the much-needed skills, clientele, and positions to help shrink this alarming gap, by integrating identification, services and prevention strategies into their respective practices.Freedom for All: An Attorney's Guide to Fighting Human Trafficking, Second Edition demonstrates to attorneys across multiple practice areas how human trafficking intersects with their daily practice, how their skills translate, and how they can easily begin to integrate anti-trafficking into their work. It is as much a practical introduction to any student or practicing attorney as it is a lay of the land of current anti-trafficking legal efforts. The book also highlights the important contributions of numerous attorneys and exciting nascent developments.Whether criminal, corporate, employment, immigration, international or public interest, now is the moment to develop areas of the law, employ creative arguments and thinking, and implement new policies and programs. Efforts at all levels are sorely needed to increase identification, services and prevention - to make a true difference in the lives of trafficked persons. If you have ever asked yourself "What can I do?" Freedom for All: An Attorney's Guide to Fighting Human Trafficking, Second Edition gives you the answer.

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Export controls and economic sanctions increasingly affect day-to-day business operations across the globe. No company with cross-border operations or even a multinational work force is immune from their application or can afford to ignore these laws. In recent years, controls over the export of goods, technology, and services now represent a core and extremely complex area of corporate compliance whether your client is involved in import/export activity, mergers and acquisitions, joint ventures, licensing agreements, distribution contracts, or banking and finance transactions.Since the first edition of International Guide to Export Controls and Economic Sanctions was published in 2014, export control laws have undergone profound change and the scope of international economic sanctions laws has expanded to affect virtually every industry in every corner of the World. Years in the making, the second edition of this handbook greatly expands the scope of the first edition. It provides an overview of this challenging and dynamic body of law in the U.S., twenty-three other countries and the EU. International Guide to Export Controls and Economic Sanctions, Second Edition, will be a valuable resource to both seasoned and novice counsel and compliance professionals alike, providing a thorough and practical guide in identifying the myriad issues, navigating the rules, and managing client legal and compliance risks in export controls and economic sanctions law.

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The Trial Lawyer's Guide to Attorney-Client Privilege and Work-Product Doctrine provides practical guidance to civil trial lawyers in litigating claims of confidentiality for attorney-client communications and attorney work product.

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International Litigation Strategies and Practice, Third Edition, is intended as a helpful desk reference for practitioners, both those steeped in international practice and those who have only occasional exposure to the field. It assists them in navigating complex and evolving subject areas, spotting issues, and developing strategies and approaches for effective client representation.This updated and expanded edition provides practitioners with practical skills in important facets of international litigation, including approaches and techniques that often make the difference between effective strategy and wasted effort. It also guides readers to a working understanding of principles and precedents in various aspects of the ever-changing substantive law in international disputes, proceedings, and investigations.

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Now completely updated, the new Third Edition of International Franchise Sales Laws describes rules and regulations covering franchise and distribution law in 23 different countries, including the United States and Canada. Because an increasing number of countries are adopting franchise specific laws but in a variety of formats, this deskbook is an authoritative yet practical resource to help lawyers who must navigate the uncharted waters of international franchise sales laws. It is organized around answers to a number of practical questions that your client will face in each jurisdiction.Written by a team of knowledgeable franchise attorneys with strong international experience, International Franchise Sales Laws addresses disclosure and other requirements in the countries of Australia, Belgium, Brazil, Canada, China, France, Germany, Indonesia, Italy, Japan, Macau, Malaysia, Mexico, the Netherlands, Romania, Saudi Arabia, South Africa, South Korea, Spain, Sweden, Taiwan, and Vietnam, as well as the United States.For each jurisdiction, two authors licensed to practice in the jurisdiction address the jurisdiction's disclosure and other requirements in a uniform format. Each country chapter is organized to provide a comprehensive discussion of each of the applicable laws and also a practical and easy-to-use reference for counsel to comply with those laws. Each section addresses the following issues under each jurisdiction's disclosure law: What is a Franchise? Who Must Provide Disclosure? Who Must Receive Disclosure? When Must Disclosure be Furnished? Information to be Included in Disclosure Documents Governmental Filings or Approvals Other Requirements Franchisor-Franchisee Relationship Laws Violations of Franchise Sales Laws

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This review of the Supreme Court's October 2021 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic.

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Many lawyers work long hours and still do not have enough time to complete all their work--let alone tackle the business aspects of their job, such as marketing, business development, or strategic planning. It's a common problem and learning how to juggle the work and manage the extras can be overwhelming for the new or seasoned lawyer.The second edition of How to Do More in Less Time is a valuable resource to help you learn strategies for taking control of your day and become more productive. Written for the busy lawyer, the authors outline how you can identify the right activities that need to be accomplished and then how you perform those activities efficiently to maximize your productivity. You will learn how to: Develop good productivity habits by setting goals and prioritizing your workload Eliminate the distractions around you Clean up the clutter Delegate your workload efficiently Organize and schedule tasks weekly Create effective systems in your daily practice Streamline your email Do 90 minutes of work in 60 minutes and maybe even 30, and much more

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This book celebrates a century of progress for women’s voting rights and offers thought-leadership on challenges and opportunities for fully realizing gender equality and women’s empowerment, particularly their full and meaningful inclusion in political life and leadership.Women's Voices: Global Perspectives on the Right to Vote is a special global collection of essays, published as a companion to personal stories about the importance of the right to vote by women in several countries captured on video and produced with the assistance of LexisNexis and the International Foundation for Electoral Systems (IFES).These essays will be of particular interest for advocates of women’s voting rights and political inclusion. They provide insightful and pragmatic best practices and suggested actions for women’s rights advocates, policy leaders, legislators, political party leaders, and lawyers to remove bias, prejudice, and discriminatory practices in political parties, elections, and public life.Authors of these essays represent voices from every continent, except Antarctica. The authors were chosen for their diverse perspectives and for a comparison of experiences within varied legal traditions and systems, including common law, civil law, Islamic law, and customary law. These trailblazing women agreed to share stories of triumph and challenge, whether of their own experiences or those of their mothers and grandmothers, and their thoughts on the way forward. As a reflection of their voices, the essays retain each author’s use of the terms “female” and “women.”

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Every state in the country has enacted consumer-protection legislation known as a lemon laws to assist new vehicle buyers with either recurring mechanical problems (commonly referred to as “warranty nonconformities”) in spite of attempts by manufacturers and dealers to repair them, or situations where the defects have caused the vehicle to be out of service for a long period of time. As straightforward as lemon laws appear, a surprising number of very interesting—and sometimes complex—legal issues arise, leading to a substantial amount of litigation (numerous firms around the country specialize exclusively in lemon law cases). Such thorny legal issues include: Is substantial impairment of the defective vehicle “to the consumer” to be judged as an objective test or a subjective one? Must the consumer be completely unaware of the nonconformity before accepting delivery of the vehicle? How specific must the consumer be in notifying the manufacturer or dealer of the consumer’s selection of the remedy to either replace or buy back the defective vehicle? Must all accessories of a vehicle replaced pursuant to the lemon law also be brand new, even if not defective? Can the consumer be required to sign a general release in order to receive the remedies afforded by the lemon law? Do negotiations between the consumer and the manufacturer or dealer toll the time in which the manufacturer must replace or buy back the defective vehicle? Is the manufacturer or dealer allowed more time to replace or buy back the defective vehicle if the consumer is engaged in obstructive tactics? Where is the line between personal and business use of the vehicle which makes the vehicle ineligible for lemon law enforcement? Are leased vehicles covered under lemon laws, and if so, how is the transfer of the vehicle’s title handled? Do lemon laws apply to demonstrators, motor homes, and motorcycles? Each chapter is preceded by “practice tips,” and the text is organized logically to follow the progression and development of litigation claims.

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Sustainability Essentials: A Leadership Guide for Lawyers is for you if you went to law school or are going to law school or considering law school to help move society and the law profession in a more environmentally, socially, and economically sustainable direction, to protect life on the planet, and to make life better for present and future generations. It is also for you if you did not have this goal in law school, but you now want to incorporate sustainable development in your practice.Sustainable development is a relatively new legal perspective, one that demands practice, patience, persistence, and great attention to what clients actually want and need. Best practices for sustainable development in law practice are a work in progress, and leadership matters. This Guide aims to help you on your journey, and to help you succeed in making your goals a reality.

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This compilation of essays, articles and research provides a clear and concise overview of many of the complexities of public sector ethics, including post-employment restrictions on government employees, whistle-blowing, pro bono work, regulation of honoraria, royalties and travel reimbursements, financial disclosure filing requirements, gift giving, conflicts of interest, and issues in enforcement of local ethics law.

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Reviews and Testimonials: “In this treatise, Paul Golden, a brilliant lawyer with a lifelong passion for magic, deftly reveals the equity court’s sleight of hand in converting thieving villains (or commercial adversaries) to trustees—of the constructive sort. In this well ordered and accessible work, Mr. Golden takes the reader behind the scenes and, step by step, walks us through the law and procedure of this otherwise subtle and mystifying area of law. This book should be on the shelves of any serious commercial litigator, or neutral, who might need to open the mystery of this equitable remedy in matters in a variety of substantive arenas.” —Simeon H. Baum, Esq., President, Resolve Mediation Services, Inc. (mediators.com), founding Chair of the NYSBA Dispute Resolution Section, and longstanding trainer of mediators for the NYS Courts’ Commercial Division. “Once a sterling student and now an accomplished appellate lawyer, Paul Golden has written that most improbable of books: an engaging, entertaining, and eminently readable account of constructive trusts. With a surpassing knowledge of the foibles and frauds that have occasioned the use of this most distinctive remedial tool, Golden portrays law (and equity) as an extraordinary response to the passions and pratfalls of ordinary people.” —James E. Pfander, Owen L. Coon Professor, Northwestern Pritzker School of Law Table of Contents: The Basics The First Kind of Constructive Trust: “Transfer to Fiduciary” Variety The Second Kind of Constructive Trust: “Wrongful Act” Variety Unjust Enrichment: A Universal Requirement The Additional Implicit Element: A Specific Res Miscellaneous Pleading Issues Defenses Laws That May Conflict with, or Be Avoid by, Constructive Trust Relief Alternatives to a Constructive Trust Special Benefits of a Constructive Trust Case Trial Issues Appendix A: Sample Complaints Appendix B: Sample Affirmative Defenses and Counterclaims in a Constructive Trust Case Appendix C: Deposition Issues

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Together Unbroken focuses on the histories, laws, policies, practices, and judicial cases that influence child welfare interventions and impact families. In questioning the traditional orientation and function of child welfare that is fraught with oppression and family separation, the book promotes a new framework for meeting the needs of children and their families and calls for systemic transformation that enables the ultimate reflection of safety, stability and well-being—the ability to heal. The survivors and advocates who courageously shared their stories show the human face of these often-abstracted issues.

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Since 9/11, countering the financing of terrorism has been a significant policy priority of U.S. and international security agencies. As terrorist groups and tactics evolve, government authorities and the private sector have focused on preventing financial and commercial systems from being leveraged and abused to fund terrorist activities. Former leading governmental officials and experts from the private sector and academia have collaborated on this scholarly compendium, in which they discuss the key laws and strategies used to thwart the financing of terrorism. The book follows a logical progression of relevant topics that fosters a better understanding of this dynamic challenge. Authoritative and informative, this guide outlines the domestic and international legal architecture of the battle against the financing of terrorism. To help you understand this complex issue, the book covers: Terror financing typologies and the means of combatting them Designating terrorists and terrorist groups domestically and internationally Freezing terrorist assets and related counter-terrorism initiatives The role of financial institutions in countering the financing of terrorism Criminal prosecutions and civil remedies against terrorists and their facilitators Related legal authorities used by the military and the intelligence community Included are valuable chapter appendices and exhibits with charts and graphs, as well as an extensive table of cases for easy reference.

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Law school is only the first step towards a fulfilling career, as it only teaches law students how to think like lawyers. Without being provided a roadmap for how to maintain a satisfying and successful career, many recent law graduates find themselves feeling stuck, unsatisfied, and unable to better their career. Author Dena Lefkowitz bridged that gap for herself, has taught these missing lessons to hundreds of lawyers as a professional coach, and laid out her processes and techniques in this book. In Winning in Your Own Court, she shares 10 laws she developed during her 20-plus years as a successful attorney and subsequently as a coach. Lefkowitz shares client stories about lawyers who struggled with business development, who weren't making partner and didn't know why, who were encountering career dilemmas, who were unhappy in the law, and who loved what they did but didn't know how to get to the next level. She then helped them build a book of business, make partner in their firm, achieve more in their practice, or even make a transition to another career. She and they did it all using the techniques presented in this book. Feeling stuck in your career? Just graduated and no idea how to start? Wanting to make partner and needing an edge? Winning in Your Own Court offers guidance and models for any legal career transformation, even if it means starting over. You will learn how to assess where you are, determine what needs to change to get where you want to be and create a plan to do so. Every situation has its a solution, and you will learn how to find yours. And, then you can do it whenever your career needs a tune-up. Whatever your next move is, Winning in Your Own Court will help you get you there.

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