Search results for ""American Bar Association""

The Internet of Things encompasses the ability to connect and direct almost any kind of mechanical system, whether it's automotive, medical, residential, or critical infrastructure. IoT technologies hold tremendous promise for our communities by making them safer and more efficient. As with any other technology, they also entail security risk, and the risks associated with IoT technologies must be aggressively managed. We can do so, with industry’s help, by working to leverage standards and liability and insurance mechanisms to ensure that IoT's foundational building blocks are secure and effective. Increasingly, utilities are deploying smart grid technologies, wirelessly connecting thermostats to the utility to measure usage patterns and allow energy supplies to be adjusted, with precision based on need. Companies are working on clocks, kitchen appliances, and other household products that monitor consumer behavior to turn on your coffee machine moments before you wake up; warn you when you are low on supplies; order groceries for the week; and allow you to remotely operate your locks and lights so you need not be home to admit a visitor, or to check that your residence is secure. Regulating these various systems via network connectivity can add convenience and save money, but doing so can also arm malicious actors with an unprecedented ability to create chaos. The issues that the book addresses include the use of IoT technology in connected cars, health tech, and unmanned aerial vehicles (aka drones); IoT and technological developments such as 5G and blockchain; the current state of laws and regulations relating to the IoT both in the United States and globally; risks associated with IoT devices, including security and privacy issues; how state attorneys general protect consumers in the IoT era; the impact of the IoT on intellectual property and insurance; guidelines for employers, including corporate counsel, regarding the IoT in the workplace; and the future of the IoT from the perspective of an MIT research scientist.

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When addressing claims, different approaches to handling each disability claim are necessary because contractual provisions can vary dramatically, especially when addressing the definition of "tota" or "partial" disability. This unique resource will help attorneys learn about four types of long-term disability (LTD) insurance: individual, group, Social Security, and Veterans Affairs. They will obtain detailed information about the claims process, including common reasons claims are denied, frequent filing mistakes, and how to guide clients through effective communication with claims examiners and physicians. The author utilizes decades of on-the-job experience to help attorneys understand the LTD claims process and guide their clients through it successfully. This publication is likewise a valuable resource for lawyers who are counseling clients who are considering the purchase of individual or group disability coverage, as it discusses all the many definitions of disability. It explains the types of coverage and the related terminology, as well as how to achieve full protection.

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The guide addresses the FTCA’s waiver of sovereign immunity, its purpose, scope, exclusions, exceptions, and the procedures for presenting administrative tort claims5 and fi ling suit. It discusses the protections the FTCA may provide to federal employees sued in tort. It explains the FTCA’s rules for damages and for financial matters, including attorneys’ fees, costs, and interest. Finally, it examines the FTCA settlement process and recommends approaches to settlement negotiations.

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In this new book, Melissa A. Kucinski focuses on the means that allows the child's voice to be heard -- the appointment of a child’s attorney. Among other responsibilities, the child’s attorney can engage the necessary professionals, safely gather the child's words and preferences, perform outside investigation to put the them into context, and then interpret them in the most appropriate manner. Opinions are evolving about how to keep the child as the case's focus, but this also raises a wide range of questions and concerns: why should we listen to a child, what potential concerns exist when listening to them, and how do we solicit their opinions? A Practical Handbook for the Child's Attorney presents a logical and clearly presented framework for addressing those questions and providing the most productive answers. This is a hands-on guide essential to any attorney working with a child as legal counsel. Because of the myriad roles, titles, guidelines and standards for attorneys representing children, the handbook focuses on the ABA Standards of Practice for Lawyers Representing Children in Custody Cases, pointing out cases where state laws may differ. Chapters address in-depth these critical aspects of the child's attorney's role: Ethics and malpractice Investigation and information gathering Negotiation and settlement International cases Appendices include three charts listing, by state, helpful regulations for the child's attorney, a summary of state statutes, and the laws governing for representation of children in court. In addition, the book includes sample forms, cases, and resources for further research.

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One of the barriers to innovation in professional services is a lack of training in how to apply design thinking principles and lead multidisciplinary teams in collaborative problem solving. With this handbook, which accompanies her other books Leader Upheaval and Legal Upheaval, Professor Michele DeStefano attempts to fill in this training gap.DeStefano – a former marketing executive and now a professor at the University of Miami School of Law and Affiliated Faculty and Program Chair in Harvard Law School’s Executive Education program – has spent over a decade researching client-centricity, collaboration, and innovation. This handbook, and the method it is based on, are the fruit of DeStefano’s 13 years of experience leading over more than 230 multidisciplinary, multicultural, and intergenerational teams on a 4-month innovation journey from a problem to a viable solution.In a conversational and descriptive fashion, DeStefano provides detailed instructions on how to get teams to proactively collaborate and innovate with a process she developed over the years. The 3-4-5 Method™ helps teams move from problem to innovative solution in 3 Phases, over 4 months or less, in 5 Steps. With real examples, this handbook brings to life how to help teams collaborate on solving problems or seizing opportunities of any kind and yield a higher level of collaboration, inclusivity, creative thinking, and actionable results.

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The Divorce Paralegal Handbook is a "how to book" for family law paralegals and legal assistants to help their lawyer navigate the administration of effective case and client management, the use of technology, document assembly, hearing preparation and presentation, deposition preparation and trial preparation and presentation. Each chapter contains brief and to the point discussions of each area, usually with one or more forms or checklists to make things easy. This manual is not intended to be an educational piece on substantive law and procedure. Such education falls in the realm of formal paralegal training and the training in individual law offices in the states.

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There is often an overlap between family law and criminal defense. Sometimes the criminal implications in family law cases are obvious, such as domestic violence, but they are often less so, such as unlawful tracking and surveillance. Family law attorneys who do not understand the criminal implications and recognize this overlap can accidentally exacerbate the situation by not being able to advice their clients properly.Criminal Law for Family Law Attorneys is designed to help family law attorneys keep their clients out of trouble. While this book will not make you an expert in criminal defense, it will help you identify the issues so that you can appropriately advise your client or get them counsel from a criminal defense attorney. Sometimes, the best thing we can do for our clients is identify and address potential issues before they become problems.Table of Contents: Overview of the Criminal Law Process The Family Violence Process: Criminal and Civil Child Protective Services and Domestic/Criminal Case Family Violence Crimes Misdemeanor Family Violence Convictions and Firearm Possession Invasion of Privacy The Use of Private Investigators Parental Kidnapping and Custodial Interference Child Abandonment and Failure to Pay Support Impact of Criminal Convictions on Retirement Benefits

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What do you say when a potential employer asks, "Tell me about a project that you have managed and what you learned from that experience; tell me specifically about how you handled a difficult team member in implementing the project?" If you are like most law students, the slightest mention of "project management" or "difficult team member" makes you cringe, evoking painful memories of free-riding classmates. Once your discomfort passes, you either struggle to come up with a meaningful answer or fail to think of an experience demonstrating your project management and teamwork competencies. Would it surprise you to know that was supposed to be an easy question? What happens when you get a tricky question, such as, "What value do you bring beyond just technical legal skills to help our clients be successful?"The Roadmap process transforms this type of challenging question into an opportunity to differentiate yourself from other students. You will not need to wait for a specific question about the value you bring beyond technical legal skills to help legal employers and clients. Instead, you will understand what skills legal employers and clients need and will be able to explain how your strongest skills can help them succeed. You will be prepared with your best stories to demonstrate persuasive evidence of your strongest skills.

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Trauma-Informed Law discusses the many intersections of trauma and law where it is often denied, ignored, covered up, or avoided. The book is intended for lawyers, law students, legal educators, and judges, as well as decision-makers, administrators, staff, and anyone impacted by the court.It is a collection of cases and situations with practice implications for other cases impacted by trauma, whether those cases and situations involve race, class, gender, different physical or mental abilities (or disability), sexual orientation or other diverse factors including the impact of developmental health issues, addiction, substance abuse, poverty, access to opportunities, community safety or belonging and more. Each scenario holds useful implications for both practice issues within the same area of law and even in other areas of law or the legal system.

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The field of health law is broad, complex, and exciting, but it can also be overwhelming to young health care lawyers or those new to the field. Written by seasoned experts, this comprehensive resource covers organizational and operational issues that impact health care stakeholders, physician legal issues, patient care issues, health care financing and payors, fraud and abuse laws, litigation, telehealth, and more.

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Interest in meditation and mindfulness has skyrocketed in recent years, thanks largely to neuroimaging and the body of scientific research that has validated the many benefits of these practices. Sadly, the legal community has for the most part been left out, even though lawyers would clearly benefit from mindfulness. Many lawyers feel hesitant to try meditation, which can seem alien and inaccessible from the vantage point of a professional culture that places great value on logic and reason. Jeena Cho and Karen Gifford set out to help address this gap in The Anxious Lawyer. Both Cho and Gifford began meditating as practicing attorneys, and have firsthand knowledge of the difficulties and rewards of legal practice. They experienced how meditation and mindfulness practices support a more effective and enjoyable legal practice. Both also found unexpected rewards of meditation that go deeper: better self-understanding, more rewarding relationships and a deeper feeling of connection with the world. The Anxious Lawyer program includes: Instruction on a number of simple meditation techniques Concrete guidance for establishing a daily meditation and mindfulness practice Exercises designed to give the reader practical experience in bringing the insights of meditation and mindfulness to meeting the challenges of daily life – and particularly of legal practice Practical examples of how mindfulness and meditation can help to cultivate a more joyful and satisfying law practice Discussion of scientific research on the effects of meditation and what the evidence shows about its benefits Practical tools, including access to guided meditations and worksheets that allow the reader to track his or her progress Co-author Jeena Cho speaks and writes about creating a sustainable law practice. She is a contributor to Forbes and Above the Law where she covers resilience, work/life integration, and wellness in the workplace. She regularly speaks on women’s issues, diversity, wellness, stress management, mindfulness and meditation. You can reach her at hello@jeenacho.com Co-author Karen Gifford is an investor and advisor on policy and regulatory issues in the financial technology space. Previously, she practiced law in the private sector and as a litigation and enforcement attorney for the Federal Reserve. She is a columnist for the Huffington Post where she writes on issues related to leadership, the workplace and the financial industry.

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While technology has improved the speed and efficiency for providing legal services, one aspect that may be overlooked is how the rapid growth of social media has affected the landscape of almost everything a lawyer may touch—for better or for worse.Legal Ethics and Social Media: A Practitioner’s Handbook, Second Edition covers all areas of social media from both the attorney’s perspective as well as that of the attorney’s clients. Topics include: Being digitally competent Representing and advising clients in this digital age Judges, courts and legal ethics Google, LinkedIn, Twitter, Facebook, Instagram and YouTube Attorney advertising and social media Preservation and spoliation of digital evidence "Facebooking" a jury Ethically filtering a response to a negative online comment or review Digital assets and much more In addition, the book includes references to Legal Ethics Advisory Opinions and a Table of Cases. Any lawyer, judge, law student or legal professional who uses social media or has faced obstacles in court with client’s social media activity will find this an invaluable—and essential—tool for their practice or firm.

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The focus of Construction Arbitration: The Advocate's Practical Guide is squarely on what you need to know to maximize your effectiveness in the arbitration context - your advance planning for the arbitration, your conduct as an advocate, your preparation of the case, your presentation of the case at the hearing, and your drafting of post-hearing submissions. Ultimately, this book should provide you with the information you need to fit your own personal style to the needs of a complex construction arbitration.

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The criminal justice system as a whole is not the place for someone with dementia. Jail, or worse, prison, would be absolute torture. This book is an attempt to help those who, because of dementia, are fragile, bewildered, and vulnerable – and to give their attorneys the tools to obtain a fair and just resolution of their case. Table of Contents: Foreword Introduction What Is Dementia? Dr. Marc Blatstein and Faye Spence, Esq. Competency, Dr. Kaustubh Joshi and Dr. Richard Frierson Restoration, Dr. Joette James and Dr. LaFaye Marshall Responsibility, Dr. Vivek Datta and Dr. Tianyi Zhang Testing, Margaret S. Russell, Esq. and Dr. Robert Ouauo Neuroimaging, Dr. Vivek Datta and Dr. Austin Blum Early Onset Dementia/Frontal Temporal Dementia, Dr. Hal Wurtzel How Can Lawyers Understand Medicine and Science? Dr. Cody Miller-Pyke Working with Clients with Dementia, Dr. Eric Y. Drogin Working a Case of a Client with Dementia, Allison Matthis, Esq. Representing People with Dementia on Death Row, Vicki Werneke, Esq. Working with the Expert, Dr. Jonathan DeRight and Dr. Elizabeth Verkessian Jail and Prison Conditions, Dr. Marc Blatstein and Faye Spence The Reality of Daily Life in Prison for Someone with Dementia, Dr. Phillip Wise Guardianships, Conservatorships, and Related Proceedings for People with Dementia, Mary DeLeo, Esq. Dementia in the Legal Profession, Dr. Eric Y. Drogin Suggested Works

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While there are many books about cybersecurity, data privacy and related issues, there are very few, if any, books about cyber insurance. A Practical Guide to Cyber Insurance for Businesses, fills that void and provides a practical look at cyber insurance for different types of businesses. This book is divided into two parts. The first eight chapters focus on the development of cyber insurance and various aspects and elements of cyber insurance that affect all industries, including how cyber insurance interacts with other commercial insurance coverage. Chapters nine through twenty-five take a closer look at the cyber risks and cyber insurance coverage needs for specific industries. In this way, the unique characteristics of each industry segment are highlighted and a review of cyber insurance for that industry segment is more focused. While not every possible industry segment is covered, the broadness of the industries covered should provide guidance to any business.

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All pharmaceutical companies, whether they are an innovator or a generic, must navigate the same complex legal and regulatory framework to bring a product to market and fend off competition. Now completely updated, Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, Third Edition is an in-depth resource for learning about and planning for ANDA litigations and all the different avenues that pharmaceutical litigants could follow. From the perspective of an innovator company, patents are vital to protect new drug products both to recoup the initial investment and for future investments. For the innovator and patent owner, the patentee must be aware of the risk to those intellectual property rights and be prepared for any patent challenge. Both entities can use Pre-ANDA Litigation as a resource to help formulate a strategy before patent litigation begins. ANDA Patent litigations and strategies are complex and require the patent professional to be able to explain complex technical and legal issues to lay persons, both within the organization and to judges and juries. This compendium provides lawyers with invaluable and in-depth tactics and advice so that any pharmaceutical litigant wanting to increase market share, whether as an innovator or a generic, can plan early and be ready to alter plans as new events occur. Topics include: Coordinating new drug application (NDA) and patent portfolio strategy Preclinical and patent considerations Clinical trials and regulatory considerations Trademark (TM) and nonproprietary name considerations Acquiring and in-licensing pharmaceutical products Pre-litigation investigations and due diligence Market entry business considerations for generic companies

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Table of Contents: Introduction Alternative Billing for Attorney Representation Technology to Effectively Expedite Public Resources for Use in Child Custody Litigation Discovery and How to Effectively Get Your Needed Evidence Dealing with the Unrepresented Opposing Party Explore and Develop Options for Finding Low-Cost (Necessary) Professionals Techniques to Settle at Mediation Depose or Not to Depose The Cost-Effective Trial Litigating Child Custody in a Pandemic Final Points

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Title insurance is an increasingly complex and critical factor in real estate transactions, and lawyers must be prepared to play equally critical roles as advisors to their clients. This updated and expanded edition of Title Insurance: A Comprehensive Overview of the Law and Coverage provides practical tools and essential information for real estate attorneys who need to understand title insurance coverage and who want to secure optimum coverage for their clients. This edition will help you: Compare and contrast 2006 ALTA policies and other title insurance policies Outline commonly used title insurance endorsements, including ALTA and CLTA endorsements Understand the state laws relating to title insurance through easy-to-understand charts and checklists Comprehend the title insurance provisions through the included commentaries after each provision This edition of Title Insurance by noted authority James L. Gosdin is a valuable, single-source guide covering the provisions and statutes of title insurance for all 50 states and the District of Columbia. It includes checklists of endorsements and coverages, financial checklists and charts, International and UCC Policies, and charts of title insurance related laws for all states.

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This ABA bestseller has helped thousands of estate planners understand the complex rules and regulations governing qualified retirement plan distributions and IRAs. Now newly updated, An Estate Planner's Guide to Qualified Retirement Benefits provides expert and current guidance for structuring benefits from qualified retirement plans and IRAs, consistently relating key distribution issues to current estate planning practice. Topics covered include: The different types of qualified plans and the tax and non-tax rules relating to them The forms of distribution and the situations in which they need to be considered Penalty taxes Distribution requirements and how to calculate them Income taxation and handling rollovers Transfer taxes Spousal rights, QDROs, and community property considerations Estate and trust administration issues Practical planning strategies to avoid penalty and excise taxes on distributions while incurring the lowest income tax, and more Includes appendices on tax consequences and hypothetical retirement plan scenarios, sample forms, and revenue rulings, private letter rulings, IRS news releases and notices.

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Beginner's Guide to Nonprofit and Affordable Housing Partnership sprovides fundamental information and best practices to legal practitioners so they can guide Not for Profit Organizations ("NPO"s) as they engage in affordable housing activities. Table of Contents Nonprofit Organization and Operation NPO Role IRS Guidance for NPOs Developing Mixed-Income Housing NPO-Utilized Funding Joint Ventures Exhibit A: Nonprofit Corporation State Laws Exhibit B: IRS Sample Conflict of Interest Policy Exhibit C: Gift Acceptance, Whistleblower, Document Retention, and Joint Venture Policies

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Many people and organizations do not understand what organizational ombuds are and how they work. When confronted with requests to create these programs, those in charge often raise questions about the need for yet another overhead expense that does not produce revenue. They want to know what value these programs really add, and they frequently express skepticism about ombuds' claim of confidentiality and how these programs can operate independently within an organization when an ombuds may be an employee of the organization. This book is a practical guide for anyone with questions about what ombuds programs are and how they operate. Part I responds directly to the many difficult questions that the author has been asked over the years—questions about what organizational ombuds offices are, why they fill a need that other functions cannot address, why confidentiality is important, and why the office's structure is important to achieving that confidentiality. Part II consists of stories that provide actual examples of what ombuds do. These are real, anonymized examples provided by real ombuds—not composite or hypothetical. Better than any abstract discussion, these examples make plain the unique value that ombuds programs provide.

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Guide to Patent Policies of Standards-Development Organizations, Second Edition is a comprehensive set of annotated, policy-neutral language that can be instantly accessed and utilized by SDOs who are developing new patent policies or those looking to refine or interpret existing policies.

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Table of Contents Introduction to October Term 2020 LI> Antitrust and college sports Bankruptcy law Civil rights litigation Criminal law and procedure Federal court jurisdiction First Amendment: Free Exercise of Religion First Amendment: Freedom of Speech Immigration law Indian Law Intellectual property Personal jurisdiction Separation of powers The Takings Clause Voting rights Conclusion: Looking ahead

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Esports law covers a variety of practice areas that present a rapidly-changing field and a unique set of challenges. This new guide discusses laws that govern esports and how the bodies of law that apply in the context of traditional sports are both similar to, and distinct from, those governing esports. With the global rise in prominence of the esports industry, there are questions to consider: what constitutes esports? What are the legal implications? How will it be regulated? This book, the first of its kind to address these issues, begins with a brief history of esports and leads up to today's growing industry. To help lawyers gain an understanding of the complexities of esports, this guide: Outlines the history and business environment of competitive electronic gaming. Explores the legal issues related to the esports industry, including the ownership of intellectual property rights; issues pertaining to gamers' rights of publicity; esports labor and employment matters; and issues pertaining to contest broadcasts. Examines the legal and public policy issues pertaining to esports, including the treatment of violent content in video games; the emergence of collegiate esports competitions; issues pertaining to the equitable treatment of women; esports gambling, doping, and immigration matters. Included is a valuable glossary of terms for esports and a conclusion projecting the long-term viability of esports and prediction for future business and legal trends.

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We are in the midst of a cultural shift––an aesthetic inflection point––where business norms in manners of dress are changing. “Casual Friday” has given way to the full-time casual workplace. With so many sartorial options you need advice. “The Laws of Style” are just that––clear rules for sartorial presentation through the very practical viewpoint of the office reality of the service professional (lawyer, banker, accountant, consultant)––and yet the Laws are so much more. Witty, bright, charming, and informative, The Laws of Style is at the same time a striking visual resource with more than 40 illustrations created by renowned fashion illustrator Rodrigo Saldana. In addition to the author’s 54 “laws of style,” the book includes short introductions to highlighted designers relevant to each Law. More than just a simple dress-for-success guide, author Hand’s erudite, creative, elegant, and whimsical narrative style is a fitting tribute to the laws he has created to assist you in establishing and elevating your own style—both professional as well as personal.

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Exploring how the law can be used to influence, for better and for worse, the lives of the billions of individual animals we call wildlife, this new book focuses not only on the legal issues involved but also on the compelling ethical and moral issues that are inextricably intertwined with our treatment of wild animals. For a subject so complex and variegated, the editors have chosen essay chapters from some of the country’s most knowledgeable and experienced wildlife lawyers and advocates on illustrative and focused issues that have broad implications for practitioners in the area. Framed around specific issues, each chapter focuses on the significant and often unrealized power of U.S. law to influence wildlife protections around the world. This is an informative and understandable resource for lawyers, scholars, and the increasing number of citizens who care about the future of wildlife.

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A stereotype bias exists in law school and legal practice favoring the garrulous extrovert. While loquacious law students, professors, lawyers, and judges thrive in a world dominated by the Socratic Method and rapid-fire oral discourse, quiet thinkers and writers can become sidelined. Introverted, shy, or socially anxious law students and lawyers often question their place in the legal arena, though research reveals they offer much-needed gifts to the profession, including active listening, empathy, contemplative analysis, and impactful writing. As legal education and law practice adjust to economic shifts and changing client mindsets, this is a prime opportunity for the legal community to make room for subtler voices. The Introverted Lawyer invites that dialogue into the legal profession.This book explains the differences among introversion, shyness, and social anxiety and how each manifests in the legal context; describes how the extrovert bias in law school and practice detrimentally can impact quiet individuals, fueling enhanced anxiety in a vocation already fraught with mental health issues; explores how quiet law students and lawyers offer greatly needed proficiencies to the legal profession; and finally, presents a seven-step process to help introverted, shy, and socially anxious individuals amplify their authentic lawyer voices, capitalize on their natural strengths, and diminish unwarranted stress.The Introverted Lawyer provides practical, tangible steps for individual growth, as well as a sound platform to enable caring professors, law office mentors, and bar association representatives to educate themselves, their students, and developing lawyers about this important and often overlooked issue.The first half of this book: (1) Explains the differences among introversion, shyness, and social anxiety and how each can manifest in the legal context. (2) Explores the impact on quiet individuals of the push toward extroversion in law school and law practice. (3) Highlights greatly valued proficiencies that quiet individuals offer the legal profession through nurturing instead of repressing innate strengths. Further, to help quiet law students and lawyers become authentically powerful advocates, the second half of this book outlines a practical seven-step process to empower introverted, shy, and socially anxious individuals to amplify their voices without compromising their quiet assets. With increased self-awareness and a holistic approach, and buoyed by collaboratively compassionate and motivating professors and law office mentors, introverted, shy, and socially anxious law students and lawyers will transform the legal profession.

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The Model Business Corporation Act (2016 Revision) is the first complete revision of the Model Act since 1984. The Model Act is a free-standing corporation statute that can be enacted in its entirety by a state legislation. It is the basis for the general corporation statute in 32 states and the District of Columbia, and is the source for many provisions in the general corporation statutes of other states. It is an important and often cited reference for courts, lawyers, and scholars, as well as a useful source of study and discussion in law schools in the U.S. and elsewhere. Through periodic amendments, the Model Act has evolved in significant ways since 1984. This evolution, however, has been incremental and has not been published in a comprehensive form that could be easily adopted by state legislatures as a means to capture all the changes since 1984. Nor had there been any systematic attempt to revise the Model Act to eliminate inconsistent terminology and adjust provisions that had become outdated since the 1984 revision. Accordingly, beginning in 2010, the Business Law Section’s Corporate Laws Committee has undertaken a thorough review and revision of the Model Act and its Official Comment. This effort has resulted in the adoption and publication of the Model Business Corporation Act (2016 Revision). The 2016 Revision is based on the 1984 version and incorporates the amendments to the Model Act published in supplements regularly thereafter, with changes to both the Act and its Official Comment. Also included are notes on adoption and revised transitional provisions that are intended to facilitate legislative consideration in adopting the new version of the Model Act. The Committee intends and hopes that the publication of the 2016 Revision will encourage state legislatures—in states that have already adopted all or a substantial part of the Model Act and in other states as well—to consider adopting the Model Act in full and thereby bring their corporate statutes into line with recent developments in corporate law.

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The 116 is the definitive account of the Frontier Guard who defended President Lincoln from a kidnapping and assassination plot in the opening days of the Civil War. Based on more than 500 original sources discovered at the Library of Congress, The 116 delves into the lives of these 116 men and their charismatic leader-Kansas "free state" advocate and lawyer Jim Lane. It paints a provocative portrait of the 'civil war' between Free-State and Pro-Slavery forces that tore Missouri and the Kansas Territory apart in the 1850s, and gives a vivid picture of the legal battles pertaining to the protection and abolition of slavery that riled Congress on both a federal and state level, eventually leading to the eruption of war in 1861.

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For tinkers, entrepreneurs, investors and any business with products or processes that can be patented, Patents Demystified provides an easy-to-understand insider guide to patents, patent law, and the patent application process. Based on the author's first-hand experience with both successful and failed companies of all sizes, readers learn the secrets of maximizing patent protection on any budget, with strategies that can be tailored to companies with any business plan or product. Instead of being intimidated and confused by patents, readers will discover how to proactively work with a patent attorney to craft a customized patent strategy, thereby taking the mystery out of what can be an arduous and complicated process.

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Nobody I know is funnier, smarter, or has a wider breadth of references than my friend Jonathan Shapiro. This book is a bit of a miracle: informative, insightful, poetic, and funny. -Paul Reiser, comedian, actor, and bestselling author Using famous real-life court transcripts, television scripts, and story after story, Lawyers, Liars, and the Art of Storytelling shows the reader how to get their message across and the result they want using the time-tested elements and basic structure of great stories. Part how-to manual, part memoir, always entertaining and never lecture, this book provides storytelling lessons gleaned from years of trial practice and television writing, wrapped in-what else?-great stories.

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Significant changes have taken place pertaining to banking and finance regulations. In July 2010, Congress passed the Dodd-Frank Act, which outlined sweeping regulatory changes intended to bring greater transparency and oversight to the financial markets. Hedge fund managers were not exempt from increased scrutiny and regulation by state and federal regulatory agencies. Mandated by the Dodd-Frank Act, the SEC adopted new rules in 2011 that eliminated (again) the private adviser exemption, required more hedge fund managers to register with the SEC or a state authority, and required much more detailed and frequent reporting from most managers. The SEC and the Commodity Futures Trading Commission (CFTC) issued thousands of pages of proposals for new rules that directly or indirectly regulate investment advisers and hedge funds, and many have been adopted. Lawyers at SHARTSIS FRIESE LLP, one of the nation’s preeminent law firms in representing hedge fund managers, have once again pooled their expertise with a second edition to the U.S. Regulation of Hedge Funds to address recent developments and evolving regulations. This book is a top-to-bottom review of hedge fund regulation bringing together in a single, convenient volume a discussion of the wide array of securities, tax, ERISA and commodities laws that apply to hedge funds and their investment advisers. This resource surveys federal securities laws and rules applicable to the organization, capitalization and operations of private U.S. domestic investment partnerships that invest and trade mainly in the public securities markets. An invaluable resource for anyone who manages a hedge fund or counsels hedge funds managers.

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An essential resource for ombudsmen, dispute resolution professionals, in-house counsel, corporate executives, university administrators, compliance officers, and human resources personnel, this book provides a history of the evolution of the role of an organizational ombudsman. It explains why such a function is important for organizations and the pressures on organizations from developments in criminal law, employment law, and corporate governance and regulation. The book provides: A detailed rationale for the creation of ombudsman offices, including a review of demographic data and workplace/societal changes in technology and globalization that have influenced how we work and interact in large organizations. Suggestions for structuring and documenting an ombudsman program and how to address issues that arise in litigation. A comprehensive presentation of various legal issues associated with organizational ombudsman programs, including collecting cases that deal with imputed notice and confidentiality. Topics of interest to ombudsmen and to those with whom they work, including discovery tools, arbitration and mediation, the federal sentencing guidelines, the Cleary Act, constitutional limitations on claims of privilege, and the European Union Data Privacy Directive. Numerous examples of how ombudsmen function in their organizations to illustrate how they are effective in addressing issues that people would not otherwise raise.

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Wine is a great passion of many professionals and this book takes an interesting look at how law and the wine have intersected, sometimes with very interesting results. In this book you'll find a number of fascinating stories that examine the various legal concepts that are related to wine, vineyards, and wine-drinking, including law suits, disputes, and more. First, the book provides an introduction to, and survey of, the history of wine, wine business, and the laws affecting wine production and sale. Modeled after a case of wine, each of the twelve chapters, or bottles, examines a specific topic. The book examines a wide range of topics including an old requirements contract between wine producers and grape growers, family/partnership issues, relationships with distributorships, labor issues, trademark disputes, and international/global concerns when using place names on wines that do not originate from the same area. Wine is an emotional subject for those who love it and produce it, and the cases discussed involve personal and at times very emotional disputes, some of which resulted in long and rancorous trials and appeals.

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Learn how to deal with the peculiar problems of traditional bargaining through proven models and techniques that will help you to: Gain a better understanding of the dynamics of money negotiations; Identify the recurring problems presented in those cases Acquaint and arm yourself with new tools to handle those challenges; Build a model of the mediation process that will serve as a roadmap when traditional bargaining is unavoidable; and Assist the parties in traditional bargaining in a facilitative, rather than a directive way. The book also includes an appendix comprised of proposals and counter proposals made by Plaintiffs and Defendants in over one hundred court-ordered mediations in the superior courts in North Carolina. The charts provide the reader with a sense of the difficulty in settling a case through traditional bargaining, and the frequency of settlement even when the parties' initial positions are far apart and movement is slow to materialize.

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ESG, CSR, and sustainability have become a dynamic and critical focus of corporate governance. The ESG challenges for corporate boards are complicated and this valuable guide sets out to carefully explore what happens when governance meets sustainability. The book serves as a guide to current ideas about ESG and governance and provides insight to directors on their role with respect to ESG matters. Written by a team of corporate governance experts, the guide begins with a valuable lexicon of ESG and sustainability terminology so that corporate directors have a baseline to understand the conversation. Divided into five parts, the book covers important issues, practical tips, and key take-aways for board members with discussions on: What is sustainability and how has it evolved? The role of the board and the role of the audit committee in the board's management of sustainability and ESG issues. What are the drivers of sustainability and who are the stakeholders? Board oversight of the dynamic ESG landscape. How does ESG affect corporate strategy and risk oversight and what are the mission-critical responsibilities of the boards of directors? Legislation, mandatory and voluntary reporting requirements, and litigation and risk management. Operations management: supply chain, employees, and customers. Diversity, equity, and inclusion in the boardroom and beyond. And much more!

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Physicians Law: Evolving Trends & Hot Topics 2015 was produced in conjunction with the Chicago Medical Society and the American Medical Association and is specifically tailored to an audience that includes physicians, lawyers, and healthcare administrators along with business healthcare affiliates. This incomparable health law resource includes eight peer-reviewed chapters on core physician-centric legal topics: * Entrepreneurial Medicine (including fraud and abuse risk areas) * Physician-Hospital Contracting * Medical Professional Liability * Telemedicine * HIPAA * Accountable Care Organizations * Peer Review: Physician Plaintiffs and Medical Staff Members * Physician Well-Being

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Exploration of the New World offered far reaching possibilities for the acquisition of new plants and for trees, but the impact that the introduction of plants from the New World had, and still has, on the English garden is frequently forgotten. Gardens and landscapes were transformed by an influx of American roots and through the past three centuries gardens have displayed important links with the United States of America. The ancestral homes of George Washington, the residence of the American Ambassador in London, the American Museum in Britain and Bletchley Park are of cultural and political importance. Many Dollar Princesses - American heiresses - took an active part in the aristocratic role of garden creation and ex-patriots too, continue to leave a legacy of beautiful gardens. Finally, the book includes memorial gardens of honoured Americans: Princess Pocahontas; Mohamet Weyonoman; John F. Kennedy; the Magna Carta Memorial built by the American Bar Association, and at Cambridge, the American Military Cemetery, dedicated to the American Armed Services. The American Spirit in the English Garden is unique in bringing together the story of the first influx of American plant species and an important collection of gardens influenced and/or created by Americans, reflecting social history and often overlooked links between Britain and the United States of America.

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