Search results for ""American Bar Association""

This one-of-a-kind resource explains how to use the 1040 return as a discovery tool in divorce cases -- in practice, not theory. Showing where to start a review of an individual's return and how to discover cash flow, the existence of assets and other valuables, The 1040 Handbook provides practical assistance for drafting a detailed and effective discovery plan for assets and income, personal as well as business. Using a hypothetical couple's 2020 tax return, The 1040 Handbook provides a line-by-line analysis of the federal tax form and its schedules to suggest appropriate areas of inquiry. Author Jack Zuckerman shows what each line reveals about a couple's assets and the income, and notes the clues that should be followed up on, the red flags to watch for, and the indications that additional key documents exist and should be obtained. It also discusses the important facts to gather during the initial client consultation and how the 1040 form can be used to: Draft a tentative list of assets Identify appropriate areas of inquiry Ask the appropriate questions Develop a list of additional documents to obtain Individual chapters cover the 1040's most commonly used schedules and forms, providing a clearly written discussion of each along with a sample form. In addition, this book offers a wealth of information on: Identifying income and assets Recognizing assets disguised as deductions Tip-offs to predivorce movement of assets Business expenses that could be considered income Deductions and assets that may be future tax liabilities IRAs and Keogh accounts And much more!

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Table of Contents: Introduction Building Your Case Performance Opening Statement Direct Examination Cross Examination: Attorneys Cross Examination: Witnesses Closing Argument Before the Judges Arrive Pretrial Matters Pretrial Arguments Team Scores Other Roles Objections Rules of Evidence General Tournament Tips Advice for Specific Competitions Competing Virtually Coaching

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The Flourishing Lawyer offers an empathetic guide for members of the legal profession to cultivate their personal and professional well-being, identify and develop their individual strengths, and define success on their own terms. Drawing from lessons and research from the fields of psychology, health care, sports, and medicine, this book is an affirming guide to becoming a better contributor to the profession while living a flourishing life.

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How do you show the value of the legal department and justify the worth of investment to the business? Sterling Miller lays out lessons and advice about showing value learned over the course of his 30+ year legal career; the vast majority spent in-house at four different legal departments. Even if the business is not asking you to show the value of the legal department today, they will tomorrow. This book is your go-to resource to meet that task head-on and successfully. This valuable guide sets out in detail a practical blueprint of the nuts and bolts of showing value, including: The importance of working to maximize value creation and minimize value destruction Technology that generates value Partnering with the business Legal as a profit center The value of letting the business help themselves How to be a strategic in-house lawyer Creating a yearly value-creation to-do list Marketing the legal department to the business How to parlay showing value into getting more resources for the legal department The book includes a KPI (key performance indicators) library, sample client satisfaction survey, low-value contract checklist, practical advice on how to make contracts easier to sign, and much, much more! Do not wait to be asked by the business about value-generation, be proactive in marketing the legal department to the business. This guide will help you show the significant value of the legal department and tout your successes to the business.

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Mental health needs are universal. About half of us will end up having a diagnosable mental health problem at some point in our lives, and we all know what it is like to have a bad day. We understand that conflicts can be hard and that they can often bring out the worst in us. There are simple ways to be ready for when mental health needs arise during conflicts. Mental Health and Conflicts: A Handbook for Empowerment introduces different mental health perspectives, dispels common stereotypes, and provides tools for empowering mental health communication. After learning these skills, you will be ready to support anyone’s mental health needs in conflicts. This book is designed to help laypeople as well as professional conflict resolvers, people living with mental health problems as well as people with no knowledge of mental health, and those dealing with conflicts that are specifically focused on mental health as well as those facing any other kind of conflict. It includes case studies, personal stories, and takeaway tools to help readers apply the skills to the situations they face in their personal and professional lives.

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Winner of the 2023 EIFLE (Excellence in Financial Literacy Education) Award for Adults’ Book of the Year: Investing & Retirement Planning “A clear, concise, and wise guide to retirement planning.” – Kirkus ReviewsThe Discerning Investor addresses the critical time in your investor life cycle: your transition into retirement. Never having retired before, you may continue managing your investments as you did in your 40s and 50s, not realizing that handling finances in retirement calls for a completely different approach, one that secures 30 years with no paycheck. The Discerning Investor lays out the framework for conceptualizing a retirement portfolio, with an emphasis on anticipating and thus avoiding mistakes such as misjudging risk. Part I of the book starts with basic principles, introducing personal portfolio management and examining how to manage uncertainty, which is part of every investor's life.Part II focuses on the “personal” part of portfolio management, helping you understand your “numbers” and needs, including how to calculate your retirement income gap, how to judge the source of cash flow to fuel withdrawals, how to project future needs and how to set investment objectives and monitor progress.Part III provides insights and tools for understanding the experts who offer retirement portfolio management services, as well as for comparing firms based on their service models, with a special focus on conflicts of interest that get in the way of unbiased advice. The author’s unique perspective and expertise are particularly apparent in her detailed overview of Form CRS, a disclosure document mandated by the SEC that was rolled out in June 2020. Form CRS can help you to quickly grasp what your client experience might be like with a given brokerage or investment advisory firm.Part IV returns to personalization and offers self-assessment tools to help you flesh out your investment strategy and move from planning to action. An innovative assessment tool (Know Your Representative Rule), modeled on the brokerage industry’s Know Your Customer Rule, helps you put things into perspective based on your own personal views.The Discerning Investor gives you insights and a framework upon which to shape your own way of managing your retirement portfolio. Kirkus Reviews concludes: “Jason’s presentation is intellectually rigorous—instead of self-help-style nostrums, she furnishes concrete, actionable advice substantiated with empirical data. Moreover, despite necessary excursions into technicality, this is a thoroughly readable book that will be entirely accessible to those with a limited understanding of investment strategy.“Another of its virtues is that it never dispenses hyperbolic promises and unflinchingly confronts the reality of risk: ‘In my experience, the most satisfied investors are those who embrace the investor’s dilemma, understanding that risk (uncertainty) and reward (high returns) are forever and always intertwined.’ “Overall, this is an impressively informative book that attests to the author’s 30-plus years of experience in the financial industry.”

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The construction lawyer regularly faces a wide variety of legal issues, some of which they do not see often in their law practice. Construction lawyers have long used checklists as a quick reference tool for drafting contracts, litigation, and providing advise to clients. The ABA Forum on the Construction Industry has drawn on the expertise of its members to present a unique collection of essential checklists that address the wide-ranging aspects of a construction practice. Construction Checklists: A Guide to Frequently Encountered Construction Issues contains more than 70 checklists, including more than 25 new additions since the 2008 previous edition. Each checklist has been developed to solve a practical need. Checklist topics include: Design Insurance Surety law International transactions Contract administration Labor and employment law Government contracting Bankruptcy Litigation issues, including discovery, opening statements and closing arguments False claims

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An essential resource to help lawyers develop greater familiarity and understanding of bankruptcy law, this handbook provides entry into bankruptcy analysis and processes for practitioner's embarking on identifying, asserting, objecting to and/or defending claims in a bankruptcy case and evaluating the manner that claims may be treated. Providing a starting point for legal analysis, highlighting key issues, and answering key questions, this handbook provides guidance on: A summary of debtor's duties, the preparation of the debtor's schedules, and a chart with the debtor's assets and liabilities The life cycle of the claim, from onset to the contents, effects, timing and location of filing, concluding with rules regarding amendments to a claim Secured claims and transitions into unsecured claims Reclamation claims or the right of a vendor to demand the return of certain delivered goods from the debtor, including ordinary course of business requirement, insolvency, receipt of goods, the substance and timing of written demand and identity of the goods The definition of administrative claims and the types of claims that qualify for administrative status Claims objection process, including disallowance of claim and consequences of disallowance Rejection damages claims definition and the nuances of rejection remedies for tenants whose landlords reject their leases A new chapter on the intersection of claim dischargeability and the claims process And much more!

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Why this book? Most have neither considered, nor know how “cyber secure” they are. For the majority who are not information technology (IT) professionals, the idea of delving into the technical details of secure computing can create apprehension and confusion. Some people think that if their email system works, and if their documents are accessible, then why bother making any security improvements to their system, which might create complications or cost time and money. Some would prefer not to know the cybercrime risks they are facing, or just haven’t thought about it. Cybersecurity is more, though; it is also about protecting data from risks other than cybercrime, such as unanticipated IT issues, hard-drive crashes, house fires, and other incidents. Beyond security, this book will also provide information to use computers and data more efficiently. No matter an individual's level of comfort or experience with computers, this book will help recognize when electronic “doors” are open to cybercriminals, and aid in fully appreciating why certain security steps need to be taken. Since cybercriminals are always attacking, trying to steal data or make data unusable, Cybersecurity for the Home and Office: The Lawyer's Guide to Taking Charge of Your Own Information Security will make it easier to understand these risks so a decision can be made as to where to set the “cybersecurity dial” in home and office. How much risk feels comfortable? How sensitive or confidential is your data? Are you safeguarding someone else’s data and confidential information? What is risked, professionally and personally, if data is ever stolen or compromised? Setting the dial too low, may allow for over exposure to threats, but if the dial is too high, frustration may set in with the inconveniences of the security measures themselves. appendices 1 – 4 offer some assessments and materials to start your thought process about your cybersecurity posture and awareness. Appendices 1 and 2 have short quizzes to assess your current security, awareness, threats, and how home and work cybersecurity are related. Appendix 3 discusses the concept of the cybersecurity dial, where it is set now, and where it needs to be. Appendix 4 covers some common cybersecurity myths. Cybersecurity is not “one-size-fits-all.” It needs to be what works for each individual. It’s how to decide to evaluate and manage risks. With this book, you can gradually increase your security posture as you learn, by making incremental changes and learning to live with them. For the price of this book, you will learn how to improve your cybersecurity by yourself, without paying anyone else, as this book does not recommend any costly services or products. The time invested now can save from having an expensive disaster later and could make your computing experience much more efficient. By first fixing cybersecurity at home and with personal devices, you will then be able to translate that knowledge and experience to your workplace. Waiting for the law and other standards to evolve is not the right move, as they will always lag behind the pace of technology advancements. The basic principles and methods to secure yourself are available now to learn and apply them yourself. Technology will continue to change rapidly, but if the basic principles are understood, then sound, ongoing choices to can be implemented and utilized. You need not become a technology expert; however, you should learn about the serious threats faced, the potential consequences, and the steps that can be taken to mitigate these risks. Technology-related threats and appropriate countermeasures are similar to things you already do in your “brick and mortar” physical life. Learn to secure your computer just as you lock your house’s doors and windows, put on a seatbelt while driving, check your car’s oil level, tire pressure, and stop at red lights. Yes, computers can be complex, frustrating, and confusing, but everyone can learn how to do this. The author wrote this book for lawyers because they all have personal and work-related information on numerous devices and in various locations. Every lawyer should be aware of the risks of loss or theft of that information, and be ready to react.

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Beginning with an overview of modern payment systems, this comprehensive guide: Discusses the primary modern payment systems, which form the “rails” for significant innovation Examines the next generation of payments technologies, which are seeking to deliver greater efficiency, convenience, and utility for businesses and consumers Details important regulatory concerns, including money laundering, tax enforcement, and sanctions regimes Includes legal and policy insights in the payments environment including the European Union and the U.S. Provides current reflections and forward-looking thoughts on issues and concerns presented by technologies that are closely related to electronic payments. As the Internet continues to expand its scope and impact on our daily lives, how are payment systems likely to adapt to these changes? And while we often extoll the benefits of technology, laws and regulations are also informed by critical examination of related social impacts. How does this movement toward electronic payment systems impact the poor and socially disadvantaged? These topics are boldly addressed as well as other topics.

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The organized theft of fine art by Nazi Germany has captivated worldwide attention in the last twenty years. Newly found works of art pit survivors and their heirs against museums, foreign nations, and even their own family members. These stories endure because they speak to one of the core tragedies of the Nazi era: how a nation at the pinnacle of fine art and culture spawned a legalized culture of theft and plunder. A Tragic Fate is the first book to seriously address the legal and ethical rules that have dictated the results of restitution claims between competing claimants to the same works of art. It provides a history of Art and Culture in German-occupied Europe, an introduction to the most significant collections in Europe to be targeted by the Nazis, and a narrative of the efforts to reclaim looted artwork in the decades following the Holocaust through profiles of some of the art world's most famous and influential restitution cases. On the surface, this dispute is similar to many others, but digging deeper one finds a multilayered puzzle that embodies the competing narratives often at play in restitution cases: persecution, obfuscation, the murky environment of the art market after the war, and the basic tension between legal systems and who should bear the burden of resolving the competing claims. But digging deeper one finds a multilayered puzzle that embodies the competing narratives often at play in restitution cases: persecution, obfuscation, the murky environment of the art market after the war, and the basic tension between legal systems and who should bear the burden of resolving the competing claims. There is no simple, unifying principle to these debates of stolen art. When approached by the heirs of victims, many current possessors look for the right answer. Some are indifferent. Some see a more complicated story in which their own interests and public service are more important than what happened eighty years ago. Disputes not yet known or filed will be guided by the stories and cases that have already happened. The tactics of and choices made by the parties to such disputes many times reveal the heartbreaking struggles that began in the past and continue to affect the descendants of the original owners today. A Tragic Fate: Law and Ethics in the Battle Over Nazi-Looted Art represents those stories.

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How to Get the Most Out of Your Retirement. Whether you're planning for or already living in retirement, there's a lot that goes into making the most of every day. From crafting a budget and managing your money to last a lifetime to simplifying your life so you can really focus on what you want to do next, Get the Most Out of Your Retirement walks you through the process. You'll get step-by-step, practical tips to: *Nurture new and old relationships *Find meaning through volunteer and work opportunities*Take classes and pursue hobbies*Decide where to live*Retire abroad*Get organized and clean out the clutter*Stay within your budget*Simplify the legal paperwork*Live healthfully*And more! Our generation has decades of [bonus] years ahead that our parents didn't have. This is the one book you'll need not just to manage the business of life wisely but to make your retirement rich with health, happiness, and meaning. Sally Balch Hurme is author of the bestselling Checklist for My Family: A Guide to My History, Financial Plans, and Final Wishes as well as Checklist for Family Survivors, the 2015 Grand APEX Award winner, and Checklist for Family Caregivers. A lawyer with more than 20 years of experience advocating for people 50-plus and helping them understand complex issues, she recently retired and shares her professional expertise and personal experience in this newest book in her Checklist series.

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Ten Great American Trials provides chapter-length accounts of some of the most highly publicizedand fascinatingcourt cases of the twentieth century. Embedded in each of our narratives is an analysis of the use by prosecutors and defense attorneys of trial advocacy techniques (involving discovery, pre-trial motions, jury selection, direct testimony, cross-examination, the introduction of forensic exhibits, and summations) to craft compelling stories about what happened. We also assess the impact of cultural, social, and political values on the proceedings and the outcomes. We selected the cases, several of which have been dubbed "the crime of the century," because they are dramatic, suspenseful, emotional, intellectually powerful, and have become part of American culture.

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The Dealmaker's Ten Commandments provides a practical, no-nonsense methodology for negotiating deals, managing your time and handling crisis, all at the highest level. Authored by one of the entertainment industry's most beloved success stories, prominent transactional attorney and former child actor, Jeff B. Cohen, created The Dealmaker's Ten Commandments to overcome resistance and achieve his goals without losing his soul along the way. Although developed in Hollywood, the real world tactics, strategies and guiding principles are vital for any business environment.

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Remarkably little is known to the general public, or even to the practicing legal profession, about judges-how they decide cases, how they allocate work between staff and themselves, their work ethic, their psychology, the extralegal influences that play on them. This important new book penetrates that veil of secrecy with thirteen interviews tape recorded in the chambers of the respective judges. The author, Mr. Joel Cohen, who practices at Stroock & Stroock & Lavan, LLP in New York, is a skillful and tenacious, though invariably courteous, interviewer. He has picked as the interviewees federal district judges who have presided in famous, publicity-attracting cases, cases most likely to challenge a judge's fidelity to a passive, formalistic-which is to say traditional-mode of judicial decision making, and he has focused the interviews on those cases. The book features selected specific, well known cases for the free-flowing dialogues which follow, from the thousands of cases to which these thirteen judges have been assigned. These are cases which have raised critical questions about justice, policy, precedent and the law and the way in which the currents and tides of their lives and of our ever-changing society have influenced those rulings. You'll discover if the judges have been open, even aware, of what experiences have influenced their rulings, and where judges acknowledge awareness of these potential influences-of their "priors" as Judge Posner would articulate it-are they fully candid, to themselves and others, about whether, and to what degree, it has informed their rulings? Or have they contrarily decided, after inwardly acknowledging the "awareness," that they can or did fairly decide the case, so that they needn't publicly reveal themselves? If you are even remotely curious about how judges make decisions, this book provides some eye-opening interviews that will shed light on their decision-making process.

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This book is a wonderful introduction to the law governing security interests in personal property, which is based on Article 9 of the UCC. This book explains the terminology, structure, and methodology of security interests governed by Article 9 in a readable, concise, and yet thorough manner. Practitioners can use the book to become rapidly conversant with the scope, concepts, and structure of Article 9 and how security interests are created, priority is established and remedies are pursued upon default. Students can gain an overview of security interests and can revisit each chapter as they study its principles in greater depth.

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The intersection between construction and insurance is an often overlooked, but essential consideration. This important resource is a perfect practice handbook for construction lawyers, written by practitioners with considerable expertise in both construction and insurance. This practical book provides overviews of individual construction insurance topic areas in each chapter, chosen because of their relevance to construction lawyers.

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This primer provides an introduction to the Uniform Commercial Code and discusses the provisions of its first article. It's based on the 2011 Official Text of the UCC. Although subsequent articles of the Code each focus on a different type of commercial transaction, Article 1 contains the general definitions and principles that guide the Code. Provisions of Article 1 apply whether the underlying commercial transaction is a sale of goods, a lease, or a transfer of a negotiable instrument. They also apply when the transaction involves a document of title, a secured transaction, or another arrangement governed by the Code. This 2013 Edition to Article 1 provides a convenient starting point for a person embarking on a study of the primary issues and concepts in the Code.

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For law firms, succession is a fact of life: founding partners retire, rainmakers depart, and in the meantime, client relationships must be preserved. Passing the Torch without Getting Burned: A Guide to Law Firm Retirement and Succession Planning is a comprehensive examination of the key economic issues typically encountered by law firms when they consider how partners end their careers, as they inevitably must. Peter Giuliani, an experienced law-firm management consultant, illustrates common retirement issues and their resolutions through "real life" case studies from his years of consulting experience.

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This comprehensive, 600-page book helps both experienced counsel and rookies advance their clients' cause more effectively at every stage of the mediation process. A few more examples: * Creating a plan for movement" in offers and counteroffers * Spotting the chance to arbitrage" a deal point * Using zingers" to create positional vulnerabilities for your opponent * Mediation prep and its potential for cementing client relationships * How miscommunication through numbers can cause lost opportunities * Perils of the fatigue factor" * Breaking impasse the pros and pitfalls of mediators' techniques Every chapter also includes a variety of "sidebars"standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Some examples: Johnathan C. Bolton's Bad First Time" ...Why Jay Cohen Reads Tom's Mediation Brief First" ...What Maralee Eriksen Learned From Watching 40 Mediated Settlement Conferences" ...How Parties Can (Mis)communicate Through Numbers" ...and many more.

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Combining the expertise of industry professionals, engineers, reconstructionists and litigators proficient in the trucking field, this comprehensive guidebook provides in-depth knowledge of both the trucking industry and legal issues pertinent to handling a commercial motor vehicle case. In addition to over-the-road vehicles, the book covers aspects of trucking that apply uniquely to vocational trucking (dump trucks, cement mixers, refuse trucks, snow plows, etc.). Topics addressed include: the business of trucking; loading and unloading; cranes and forklifts; cargo securement; on-board electronics; fatigue; Comprehensive Safety Analysis (CSA); analyzing truck component failures; inspections and maintenance; data collection, analysis, and the preservation of evidence; tires, wheels, and brakes; mirrors, visibility and conspicuity; and much, much more.

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Invention Analysis and Claiming: A Patent Lawyer's Guide, Second Edition, presents a comprehensive approach to analyzing inventions and capturing them in a sophisticated set of patent claims. A central theme is the importance of using the problem-solution paradigm to identify the "inventive concept" before the claim-drafting begins. The book's teachings are grounded in "old school" principles of patent practice that, before now, have been learned only on the job from supervisors and mentors. Questions at the end of each chapter have been added to: *Confirm the understanding of the principles presented; *Explore the jurisprudential and practical implications of those principles; and *Try out the invention analysis and claim drafting skills taught in the chapter.

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This revolutionary book shows how through mediation parties can escape the trap of conflict rather than remain ensnared within its grasp at enormous cost to themselves and others. The authors demonstrate how mediators, and lawyers, can support parties to work together effectively in ways that deeply respect their humanity. Through the telling of ten riveting stories of actual commercial mediations, the principles and methodologies of the understanding-based approach come alive. In so "challenging conflict," the authors also challenge the conflict resolution field to reach for more. "Reading this book is like having a mentor. It allows readers to simultaneously view the mediation process while also reading the inside thoughts of the mediator." - Legal Information Alert (Vol. 28, Number 3), Alert Publications, Inc., Chicago, IL

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Terence MacCarthy is synonymous with effective cross-examination. For 40 years he has been the head of the US Federal Defender's Office in Chicago, and is among the top CLE instructors in the US owing to his lectures on cross-examination technique. And now, Terence MacCarthy has literally written the book on cross-examination, "MacCarthy on Cross-Examination". In it, he shares the secret to effective cross-examination that he has perfected over the last 40 years.The primary reason lawyers are more adept in opening and closing statements is that they are able to use the most persuasive technique known - they are allowed to tell a story. This new book shows lawyers how to tell a story in cross-examination, too. They will learn how to manage and effectively minimize witness involvement, without appearing controlling or insulting, and discover how to use effective short statements to make the witness affirm the story the lawyer wants to tell.Filled with illustrative cross-examinations from actual cases, this book can be every trial lawyer's key to employing these proven cross-examination techniques in his or her own practice.

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Watch the author describe his take on critical supply chain threats in his most current NBC/WPXI-Pittsburgh interview. The global supply chain is broken. Because COVID-19 brought this issue to the forefront, many assume that the pandemic is the reason for the collapse. It is not. Instead, four MaxTrends™ are largely responsible for the transformations already underway. Transforming the Global Supply Chain describes these MaxTrends™ in detail––the growing presence of cyber threats, the revolutionary impact of 3-D printing, the rapid adoption of robotics, and the new ways nations everywhere are seeking to protect their domestic economies from foreign competitors. For many reasons, the biggest casualty over the next five years will be China. Some companies are already beginning the process of moving their supply chains out of China to other locations in Southeast Asia, India, and the Americas. Those U.S. companies that are aggressively reacting to economic and political pressures by reshoring their supply chains back to America are poised to be the most successful over the long run.

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Table of Contents United States Argentina Brazil France Germany India People's Republic of China Switzerland Ukraine United Arab Emirates United Kingdom

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The medical device industry has experienced tremendous innovation and growth in recent years, with more than 200 million medical devices in use globally. For those seeking to bring medical devices to market, this exciting expansion also comes with pronounced risks and challenges, particularly on the legal front. Authored by experts with decades of collective expertise and familiarity with both government and private sectors, Bringing Medical Devices to Market will guide practitioners and professionals on the entire process, covering intellectual property issues at proof-of-concept stage, regulatory barriers, rules of engagement regarding promotion, contract considerations, compliance in all phases, and more.

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This updated edition informs the reader of the what, why and how of workplace wellness program laws, including: What laws are important for workplace wellness program compliance Why these laws exist and why are they important for workplace wellness program design and implementation How workplace wellness professionals and organizations can apply workplace wellness laws most effectively

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This book teach you how to work with difficult litigants and overcome the hidden barriers that frustrate settlements. You will learn to: Mediate effectively between parties who refuse to talk with each other; Deal with insulting first offers, backward steps, and other adversarial tactics; Influence how parties assess their legal case; Add value and respond to hidden emotional obstacles; Apply specialized tactics to overcome impasses 65 linked video excerpts featuring leading mediators will take your understanding beyond the printed page, showing how to apply these techniques in actual cases.

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Whose Choice Is It? Abortion, Medicine, and the Law, 7th Edition is the definitive book that addresses every aspect of reproductive health and abortion in the United States and worldwide. It also addresses contraceptive and abortion practices, how the world is changing in those regards, and what the future likely holds. No other source provides the comprehensive medical, ethical, and legal analyses in this book. Counsel advising a client about reproductive health or abortion will find the book an invaluable resource that can be used either to learn about specific topics in depth, or as a quick reference guide. Constitutional law in the United States and Canada is explained in depth, and the chapter on comparative law is a unique treatment of applicable laws – both historically and presently – around the world. The contributing authors are experts in their fields, making this edition the “must have” book for anyone with any interest in these subjects.

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This book takes a practical, concise, and coherent approach to mediation ethics to make lawyer-mediators aware of their ethical obligations while serving as mediators. The book has been written by 15 leading mediation scholars, with special expertise in mediation ethics, each contributing a chapter on a topic within his or her expertise. Topics covered include: Theory of mediators' ethics, Contrasting lawyer ethics and mediator ethics, Codes of Conduct for mediators and MEAC opinions, Accepting a case or refusing to mediate, Evaluating ethically, Separate meetings, Mediator proposals, Difficult parties, Lawyer representation in mediation, Med-arb, The mediated agreement, Mediators as witnesses, Mediator discipline, And continuing mediation ethics education. Contributors include Omer Shapira, James Alfini, Susan Nauss Exon, Ellen Waldman, Donna Erez-Navot, Kristen M. Blankley, Elayne E. Greenberg, Sharon Press, Bill Eddy, Jacqueline Nolan-Haley, Nancy A. Welsh, Fran Tetunic, Ellen E. Deason, Michael Moffitt, and Gregory Firestone.

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Written in a clear, plain-English style and updated and expanded for an everchanging world, The Tech Contracts Handbook is a complete resource for lawyers, contract managers, and anyone responsible for getting IT deals done.Author David W. Tollen, one of the industry's leading authorities on technology contracts, took on the challenge to create a reference manual and training guide that covers cloud computing agreements, software licenses, and various other IT contracts. Complete with negotiation tips, guidance on the business issues behind the terms, and sample contract language, The Tech Contracts Handbook covers all topics in technology contracts, including data privacy and security terms, warranties, indemnities, open source software, deconversion and transition, limitations of liability, SaaS escrows, copyright licensing, and service level agreements (SLAs).This third edition provides a greater focus on some of the key concerns in IT contracts today including: clauses addressing rights in data, privacy, control of data, and data security. Updated to reflect current best practices in technology contracts, the book offers increased discussion on a variety of other terms, payment clauses, including indemnities, and other liability-related terms.This handbook describes each clause typically found in a technology agreement, outlines the issues at stake, and offers negotiation tips and sample contract language. It addresses:• Software-as-a-service (SaaS) and other cloud services contracts• On-premise software license agreements• Software distribution contracts• Software ownership transfers• IT professional services agreements• And moreThe Tech Contracts Handbook is a useful, accessible, and essential resource for those in the IT contracts field.

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Over the last few decades, multidistrict litigation in the federal courts has exploded. Originally a mechanism for consolidating relatively small numbers of commercial cases, with the advent of large-scale mass tort litigation, it has become the primary vehicle for resolving hundreds of thousands of tort claims pending in the federal court system. From asbestos to opioids, MDL proceedings are now used to resolve many of the largest and most high-profile disputes. In recent years, however, participants in multidistrict litigation have expressed significant dissatisfaction. Defendants maintain that MDL proceedings attract large numbers of meritless claims and that many MDL courts are failing to provide sufficient scrutiny to the claims that are filed. As a result, defendants are overwhelmed with large numbers of meritless cases and face significant pressure to settle, providing compensation for many claims that should not have been filed in the first place. From filing to resolution through litigation or settlement, The Rising Behemoth addresses each of the steps in large-scale MDL litigation in the federal courts. In the process, it significantly advances the debate regarding modern MDL practice and offers concrete suggestions for ways in which the system can be improved.

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In family-owned businesses, smart succession planning is the key to sustaining the company in the future with a successful transfer of ownership and leadership to the next generation. To help counsel the family business owners effectively, this guide provides a comprehensive, logical, step-by-step approach to family business succession planning. Each section provides substantive guidance, insights, and resources to help you properly advise business owners, design the structures, and draft the documents to produce an effective, appropriate, and thorough succession plan. Organized as a comprehensive outline from initial meeting through completion, each chapter explains key concepts, identifies issues requiring attention, provides practice tips, and references additional resources for further assistance. To help you effectively counsel and represent your family business client, this valuable tool includes guidance on: The detailed process of family business succession planning Ethical rules governing the family business lawyer Planning for the sudden loss of a family business leader Business restructuring to create better flexibility and economic efficiency Governance mechanisms tailored to the composition of successor ownership Key contracts with related and third parties Financial resources and security for senior owners in retirement Trusts and trust fiduciaries in family business ownership And more Includes an appendix with an outline, checklist, and worksheet.

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The world of litigation is a fiercely adversarial one, and within the bounds of honesty and professional ethics, the litigator is expected to fight voraciously for the best interests of the client. Through a rigorous process that includes conscientious preparation of the case, thorough methods of discovery, artful briefing, and meticulous examination of witnesses, litigators are expected to clarify the facts, expose deception, and--in most cases--arrive at truth and justice in the end. Questions and Answers for Litigators distills the sage advice of skilled and seasoned trial litigators who have long labored in the trenches and, as a result, know what works. This collection of advice and gems of practical wisdom from experienced practitioners will benefit litigators in their practice.

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"Lauren is a go-getter. I have seen her rise from being a broke lawyer to a six-figure earner. This book is a guide that is created from her charging down this path and forging her own way forward. She has laid out each and every step for you so that you can skip the figuring out part of how to run a business and jump straight ahead to earning a great living and doing life-changing work." - From the Foreword by Ally Lozano, Esq., Law Firm Business Consultant Lauren Eagan has done everything she writes about, and with her guidance you can begin with a strong foundation to make sure everything is in place to make your firm last. Starting in a new city with student loan debt, Lauren Eagan explains how she effectively built her business. She explains how you, too, can take advantages of resources you might not have known were available, such as free and low-cost technology solutions, online resources, and leveraging the skills of your friends, family, and mentors. More than anything, starting your practice depends on your own hard work, research, and decision process all dedicated to achieving your goal. Following the book's path towards opening your own practice, Lauren Eagan explains these key ingredients in the mix: Doing the necessary work while getting started: contract work, document review, and more Adding a business focus to how you think: goal setting, choosing a business entity, bank accounts, insurance and taxes Make your firm seem established: names, logos, office space, and online communications Determine a target market and get clients: from networking to volunteering and giving presentations to the importance of social media Case management: software and systems How to get paid: fee arrangements, invoices, and how to follow up Planning in time for you: vacations, weekends, and adding efficiency Know when you're ready to grow: outsourcing, delegating, and hiring And finally, What to do when you’re ready to start: create a business plan Chapters are accessible and encouraging, tackling topics that can be overwhelming in a constructive, step-by-step manner. Throughout, the author has shared checklists, flow charts, plenty of real-world tips that she used in setting up her successful law firm, and a chapter checklist to capture the core information by topic.

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To help lawyers gain a practical, working knowledge of financial concepts, terminology, and documents, this new edition provides the know-how to translate a client's financial goals into practical legal solutions. Whether handling the sale of a company, negotiating a loan agreement, preparing disclosure documents, or handling securities cases, this book discusses the advantages and disadvantages of various methods, explains which valuation techniques are suitable for specific situations, and weighs the risks and rewards of creating value by acquisition. This comprehensive resource provides detailed guidance on how to analyze the income statement, balance sheet, and cash flow statement. With added chapters and updates to stay current with the ever-changing and complex rules, this guide will help you: Understand the content and purpose of financial statements and the rules by which they are prepared Identify and avert securities fraud by knowing how to analyze revenues Learn the warning signs in gross margins, operating margins, and net margins Recognize the degree of liquidity or illiquidity the balance sheet indicates Assess a company’s financial leverage Learn how to monitor a company’s operating, investing, and financing activities Identify whether a company is an absorber or generator of cash Explore the M&A process And much more! A detailed index and glossary of common terms and abbreviations and terms are also included.

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There are many helpful treatises that require in-depth reading, but this reference serves the other need of the market -- to help practitioners understand the eligibility requirements for a particular visa, required evidentiary proof, and practice pointers to help navigate tricky waters. Immigration filings have some unique pressures: urgent deadlines involving I-94 expiration dates, varied and complex procedures for numerous visa petitions, constantly changing regulations, and government agencies that provide little leeway for error. The book is designed to allow you to quickly find a rule and obtain immediate guidance on key issues. It includes: eligibility analyses designed to provide a short review of the requirements for any given visa petition; practice pointers designed to provide quick access to difficult issues that may arise; checklists that will guide practitioners as to what to include in a petition; and common immigration acronyms with an easily-referenced Acronyms section.

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In addition to the forms, a number of checklists are provided that summarize the laws and issues being discussed. Each chapter begins with an overview that gives a quick reference to the particular sections of the chapter for which the lawyer will have the most use. Readers who wish to practice in this area of the law are encouraged not only to read this book and the other publications from the ABA referenced within, but also to attend continuing education programs in order to become well versed in the state-specific application of many of these laws.

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Civil litigation in the United States is becoming an increasingly international practice, requiring litigants and courts to apply foreign and international law in order to resolve domestic cases. Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries. This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes, in successive chapters organized by jurisdiction, the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution, and costs.

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Written by leading construction law practitioners, the Forum on the Construction Law's newly updated textbook Construction Law, Second Edition meets the pressing need for a comprehensive law school textbook. It provides a complete orientation to the construction industry and its processes, and it can be used for introductory survey courses or more advanced courses oriented towards litigation or transactions. Construction Law, Second Edition examines the roles of the various participants in the construction process and the vocabulary essential to understanding its cases and legal principles. The book's logical development tracks the construction process in a chronological way. Taking a course that utilizes this book will help students prepare to successfully interview for construction law positions in law firms and it will provide a useful reference book for students who enter the practice of construction law.

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U.S. companies rely on the capital markets for a greater portion of their total funding, and on the debt capital markets for a greater portion of their credit financing, than do companies in Europe or Asia. In short, U.S. capital markets play a critical role in both the U.S. and global economy. Transparency is viewed as fundamental to the efficient functioning of these markets. Transparency, in the form of robust dis-closures by public companies, helps to protect investors, ensure a level playing field, and promote better allocation of capital. Given the extensive disclosure requirements now applicable to public companies and the ever- increasing length of public company disclosures, some would argue that we are well past the point of information overload. On the other hand, others would note that enhanced disclosure on a broad array of topics improves corporate accountability. This book cover a variety of topics including: Duty to Disclose Fraud Filing Requirements Disclosure Categories Business Operations Risk Factors Compensation Special Circumstances and Issues And more

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