Search results for ""American Bar Association""

“Cybersecurity remains a top concern in the legal profession. A data breach is a question of when, not if. Lawyers must take steps to protect their own security and privacy, as well as that of their clients. The ABA Cybersecurity Handbook is a vital desk-side resource to help lawyers understand the nature of the threat, protect their practices and their clients’ confidential information and intellectual property, and comply with ever-changing legal rules.” —Reggie Turner, President, American Bar Association This third edition of The ABA Cybersecurity Handbook updates and expands upon the issues raised in the first two editions. The cybersecurity landscape has undergone seismic changes since the publication of the second edition in 2017. The COVID-19 pandemic has brought new levels of technology integration to the practice of law, accompanied by new and expanded cybersecurity risks. Beyond the legal profession, the SolarWinds, Kaseya, and Colonial Pipeline breaches have set new and alarming precedents. Heightened cybersecurity risk worldwide has prompted increased responses from the US federal government and from the international community. Amid these ongoing developments, the Handbook is at your fingertips as a guide to preparing for and responding to cybersecurity threats and incidents. The foundational information it shares will remain relevant even in a changing environment. The recommendations within each chapter, located at the end, provide an easy guide for developing and implementing an effective cybersecurity program, including building the understanding of lawyers’ legal and ethical obligations to provide effective provide data security. The Handbook covers a wide array of topics and provides a comprehensive look not only at the threat developments of the past few years, but also at the trends that have been established in cybersecurity. The Handbook addresses concerns and provides recommendations for several different types of legal practices—small firms and large ones, government lawyers and in-house counsel. Overall best practices are developed and shared throughout the Handbook. As the cybersecurity landscape continues to evolve, the Handbook will be an indispensable reference for you and your practice.

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The purpose of this book is to provide a straightforward and elementary understanding of asset protection and how it can be effectively implemented by taking various steps-like rungs on a ladder. This is a multi-tiered plan and works together as a whole to bring an individual to a higher level of protection. Some of the steps of the ladder may not be relevant to every individual, but they are all worthy of consideration and review. Through this book, an individual can determine the best course to take for their particular situation. Praise for The ABA Guide To Asset Protection “Jeff Matsen is an expert to the experts in the asset protection field. He also succinctly describes what won’t work, what might work, and what should work in an understandable way. Those seeking asset protection often share common characteristics—such as wealth, business ownership, real estate ownership, considerable income and estate tax exposures, as well professional practice ownership—and I recommend they read Jeff’s book to protect their families.” -Joseph J. Strazzeri, Esq.; Fellow, Southern California Institute; Co-founder, Laureate Center for Wealth Advisors “Jeff Matsen is one of the best estate planning and asset protection attorneys in the country. His knowledge, wisdom and direct experience helping thousands of professionals, executives, business owners, physicians, and dentists over his long career have truly made him one of the elite group of top experts in his field. If you are concerned about protecting your assets and want to leave a legacy for future generations, I highly recommend you read this book.” -Stephen Fairley, CEO of The Rainmaker Institute, LLC, The Nation’s Largest Law Firm Marketing Company “Having worked closely with Jeff on a number of complex and important asset protection cases, it is abundantly clear that nobody understands the nuances and practicalities of this area better than he. His unique ability of making issues clear for clients and their advisors is a gift. This book is required reading for any layperson or professional who wants to learn more about asset protection and more importantly, take action.” –Bill Deitch, Leading Estate Planning Attorney, Chicago “Jeff is widely recognized in the legal community as an asset protection guru. In this book, Jeff does a wonderful job of explaining the principles and strategies of complex asset protection planning in a very clear and easy-to-understand way.” -Marc Selden, Nationally Recognized Estate, Planning Attorney, New York City About the Author Jeffrey R. Matsen is the founder and managing partner of Matsen Voorhees Mintz LLP. His practice encompasses business formations and transactional matters, estate planning, asset protection, probate, tax and real estate. Mr. Matsen has been designated one of the nation's Top 100 Attorneys by Worth Magazine and one of Southern California's Super Lawyers by Los Angeles Magazine. He has the highest rating (“AV”) by Martindale Hubbell and also (“10 Superb”) by AVVO. Mr. Matsen has been an adjunct professor at Western State University College of Law, Golden Gate University and Chapman University School of Law. He also has lectured to various professional groups on areas related to his practice, including limited liability companies, business entity formation and selection, asset protection techniques, and other relevant topics. Mr. Matsen is a member of the American Bar Association (Real Property and Trust Section), WealthCounsel and the Society of Trust and Estate Practitioners (“STEP”). He also is a faculty member and fellow of the Center for International Legal Studies in Salzburg, Austria. Mr. Matsen earned his B.A. degree, cum laude, from Brigham Young University; and his J.D. degree, with honors, from the University of California at Los Angeles.

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Most people head straight into divorce without preparing themselves for the journey that lies ahead. Whether or not the divorce is of your choosing, you need the necessary guidance and useful information. Financial planning for the future is an essential part of every divorce settlement. Separating couples often face a significant financial transformation. The bottom line is that two households must now survive on the dollars that formerly supported one. Transition is a critical time when you need the most help to understand the pros and cons of your financial options, how to set priorities, and when to reach a settlement with confidence. Money & Divorce: The Essential Roadmap to Mastering Financial Decisions will help you make informed and intelligent choices concerning financial issues in divorce. The book explains the fundamentals—illustrating how to set goals, deal with finances, navigate the legal process, and protect against unforeseen events. Over the years, author Lili A. Vasileff has worked with thousands of couples and individuals to offer divorce financial planning before, during, and after divorce, as well as mediation, collaborative divorce, financial forensics, expert testimony in court, prenuptial and postnuptial agreements, and wealth management. Because every divorce is unique, expert guidance can often be the ace needed to effectively manage the settlement process and guarantee not just financial survival, but also success. This book is a valuable resource to help readers accomplish their goals with dignity, confidence, and a sense of security. Praise for Money and Divorce “Money and Divorce provides a comprehensive and practical guide to those contemplating divorce or suffering through it, and to attorneys engaged in the process. Unique and readable––Lili Vasileff has provided valuable assistance to the bar and the public.” ––Honorable Sondra Miller, Ret. Appellate Division 2d Dep’t. New York State; Chairperson of the Matrimonial Commission of the State of New York; Chief Counsel, McCarthy Fingar, White Plains, NY “In a time where divorce is an everyday reality and more marriages fail than succeed, everyone is affected by the process. Whether you are the troubled spouse––or a loved one or friend of one––this book offers a primer of procedures, financial and pre-divorce planning, definitions of commonly used terms, do’s and don’ts, and shoulds and shouldn’ts that will remove the mystique of this family crisis. Succinctly, it is an invaluable resource. As a divorce lawyer of more than 50 years, I have never read a more excellent or detailed discussion of a topic that impacts at least 50 percent of our marriages and the failure of them. This excellent book is broken down to extremely well-defined topics and is recommended as an invaluable resource.” ––Arthur Balbirer, former President of the American Academy of Matrimonial Lawyers; Founding Fellow of the International Academy of Matrimonial Lawyers “If you have questions and concerns about divorce and finances, Money and Divorce has the answers, tips, and cautions. Lili Vasileff, CFP, CDFA speaks to you in plain English, as if you are sitting together in her office. She goes over virtually every aspect of divorce finances, and answers your questions in a straightforward, no-nonsense, yet kind and thoughtful manner. You don't need a degree in finance or economics if you have this book and Lili's wisdom.” ––Jeff Zimmerman, Ph.D., ABPP Clinical Psychologist and co-author of Loving Your Children More Than You Hate Each Other: Powerful Tools for Navigating a High-Conflict Divorce (New Harbinger Publications) “I participated in the review of Lili’s book, Money and Divorce, and find it very helpful for anyone contemplating or going through a divorce. The book helps any litigant understand the complexities of the financial aspects of divorce and the tools necessary to navigate through the process, and helps the reader comprehend why attorneys ask for the information they request. Every client going through their own family law case should read this book.” ––Lori W. Nelson, Alumni Relations Director, University of Utah S.J. Quinney College of Law; former Chair of the American Bar Association Family Law Section; former Utah State Bar President

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This exhaustive reference will provide any lawyer with a complete and comprehensive review and discussion of legal project management (LPM), including the business case, the definitions and application, ethical considerations and the issues and constraints in implementation. You'll discover a simple, easy-to-use framework that can be applied from start to finish in any firm or practice area. The book also functions as a complete desk reference for anyone implementing LPM by offering helpful examples, case studies, tools and methodologies. The book can be read cover to cover to get the full picture for how legal project management is applied in legal organizations, or the reader can skip to specific chapters for useful tips to improve their practice and client relationships, or to implement a particular part of LPM such as planning or budgeting. The book is organized into four sections: Continued Evolution of the Legal Ecosystem Current Trends in the Delivery of Legal Services Legal Project Management in the Post-COVID-19 Era Legal Project Management Framework Introduction to Legal Project Management Engaging with the Client Planning the Matter Budgeting for the Matter From Budgeting to Pricing the Matter Executing the Matter Communication Management Evaluating and Closing the Matter Legal Project Management in Operation Establishing a Project Management Function in your Legal Organization Creation of a New Era of Legal Professional Using Legal Project Management to Drive Client Growth and Retention Proving the Value of LPM The Role of Knowledge Management in Legal Project Management Considerations for Lawyers Implementing LPM Satisfying Ethical Obligations and Protecting Against Malpractice through Legal Project Management Lawyer Personality Traits and Legal Project Management Roles

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Litigating Fiduciary Duty Claims is written to provide guidance regardless of which party (plaintiff or defendant) the lawyer represents. Topics covered include an explanation of what a fiduciary duty is and what triggers the duty; direct and derivative claims; claims involving majority shareholders, limited liability companies, partnerships, trusts and estates, the government, lenders, and financial professionals; insuring breach of fiduciary duty claims; and more. Regardless of the details of your case, this book is a great place to start.

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Both criminal defense lawyers and criminal prosecutors must thoroughly understand the rights of the accused under the Sixth Amendment in order to provide competent service and ensure that they are following all court procedures according to the rule of law. The Rights of the Accused under the Sixth Amendment provides an in-depth look at seven key aspects of this area of the law: The right to a speedy trial; The right to a jury trial; The right to a public trial; The place of prosecution; The right to be informed of the nature and cause of the accusations; The Confrontation Clause; and And the Compulsory Process Clause. This third edition includes up-to-date coverage of the relevant case law and discussion of the Sixth Amendment in the context of emerging challenges—particularly the right to a speedy trial under the extraordinary circumstances of a global pandemic.

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Beginning in 1997, when Alaska established the first trust to protect the trust assets from the settlor's credits, DAPTs have become a key part of the estate planner's options to help clients protect their assets. DAPTs provide a domestic alternative to offshore asset-protection trusts while encouraging lifetime estate planning among clients who could benefit from transfer tax planning but could be apprehensive about such planning without possible access to the property transferred in the future. Providing the wealth of information in our volume on the requirements of and limitations on a DAPT, this comprehensive resource on creating trusts that protect assets from creditors. Written by experienced attorneys with extensive experience with DAPTs and other sophisticated estate planning vehicles, the book initially discusses the regulations of the various states that have enacted DAPT legislation, with additional information in related appendices: Alaska, Connecticut, Delaware, Hawaii, Indiana, Michigan, Mississippi, Missouri, Nevada, New Hampshire, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming. Subsequent chapters examine specific issues involving the law of domestic asset protection trusts, including: Choosing a DAPT state How to defend--or challenge--a DAPT Attachment of federal tax liens to DAPT assets Trust assets and recovery in bankruptcy

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Starting with a historical overview of how bid protests arose in the first place and the jurisdictional authority behind each of the various protest forums, the book discusses the various considerations involved in deciding whether and in which forum to protest. The book delves into the various procedural requirements associated with each forum, the differences between pre-award and post-award protests, and examine the types of protest grounds that succeed and those that do not. The History of Protest Jurisdiction Comparing Protest Forums Who May Protest, and When, and Whether to Do So Stays, Overrides, and Injunctions Protective Orders Grounds of Protest What Lies Ahead

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The first edition of this book was published almost ten years ago to provide a useful guide on construction defect law in the United States. The goal was to provide a useful analytical framework and starting point for research of specific issues confronting practitioners and their clients. The editors of the current edition have endeavored to achieve that same goal here. The three characteristics of the first edition remain unchanged. First, the book is organized to allow the reader to identify a construction defect issue and then follow the trail to meaningful discussion and research in several ways--by type of construction defect, by party, by type of claim, and by theory of liability or defense. Second, it provides guidance in specific areas of concern, such as insurance, limitations defenses, damages, dispute resolution, and preparing and presenting a case. Finally, the authors were selected for their expertise in the subject matters covered by their chapters, as well as for the diversity of the clients they represent. The law on construction defects is dynamic and continually evolving. New statutes and court decisions frequently change the landscape. This book gives the readers a representative sampling of these and many other issues, along with references that will guide them with information about a jurisdiction of interest.

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The purpose of an interview is to uncover the truth; the method of uncovering the truth is the art of the interview. Obtaining sufficient relevant information is imperative in everything a lawyer does to protect the interests of the client, yet interviewing techniques are not emphasized in law school training. Getting the Whole Truth teaches lawyers--from novices meeting their first clients to experienced trial lawyers--effective methods of obtaining information by human interaction. No matter from whom you are seeking information or what your reason for desiring it, these techniques can help you meet and interact with others and effectively gather the facts you need.

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In a world of high-dollar discovery, lengthy motion practice, prohibitively expensive experts, pervasive Daubert practice, detailed pretrial exchanges, and more formal trial rules, it is more difficult than ever for young lawyers to get the courtroom experience they so desperately need to become real trial lawyers. It is this deficit of courtroom experience that created this book. Trial: A Guide from Start to Finish -- Perspectives from Opposing Counsel is a collaboration of two trial lawyers who have tried many complex case courtrooms across the country. It takes readers through each stage of a jury trial, starting with the filing of a lawsuit long before a jury trial begins, and ending in the motion practice that concludes long after the jury’s verdict. The authors divide the trial process into its fifteen segments, and each author writes from the perspective of either the defendant or the plaintiff, giving a full-rounded look at trial practice itself. Each of the authors’ numerous victories (and occasional losses) in the courtroom have brought them valuable experience and taught them lessons about each aspect of the jury trial process. This book is their effort to share those lessons with other trial lawyers and trial lawyers-to-be.

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"Effective legal writing calls not only for artistry but also for scientific understanding." In this synthesis of his experience on the bench and his own research into the science and art of written communications, Robert E. Bacharach, a federal court judge, shares his insights on ways language can determine different responses -- and how to use this knowledge to craft a powerful and persuasive message. Judge Bacharach follows a logical progression in crafting effective legal writing, beginning with the importance of an introduction that provides a context for the argument. At this stage, it is important to consider clarity, context, identification of the underlying legal issues, the structure of your argument, and stating the rationale for the optimum outcome. Subsequent chapters look at specific aspects of effective legal writing, including: Organization - the guiding principles of parallelism, logical sequence, and developing the point before responding to the adversarial argument Headings - creating a familiar context to make it easier for readers to follow your argument Fact sections - the importance of a clearly written summary of legal facts that is readily understandable Sentences and paragraphs - in-depth commentary on structural issues such as varying the length of the sentence structure to key rhetorical devices, all to make the reader follow the flow of the argument Diction - how to choose the right word (and why) Grammar - the most essential rules to follow for effective legal writing Conclusions - how to end strong with a concise reminder of the core points Quoting - when--and when not--to use it Typography and page layout Throughout the book, Judge Bacharach illustrates his points with real-world examples from lawyers and judges. As Lisa Blatt of Williams & Connolly states, this is an "easily readable and comprehensive catalogue of do's and don'ts that provides the essential foundations for clear, persuasive legal writing . . . From diction to grammar, and alliterations to aphorisms, this book is mandatory reading for law students and lawyers alike."

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Congress expects Medicare to provide quality medical care for its beneficiaries. However, Congress does not give Medicare enough money to meet this goal. When Medicare went into effect in 1966, there were 19 million people receiving Medicare benefits, and life expectancy for the average American was 70 years. By 2015, there were 55.5 million people receiving Medicare benefits, and life expectancy was 78.8 years. This puts Medicare providers in the middle of a quality care versus inadequate funding dispute, which can affect the kind of care a patient receives. This book is about how to successfully fight for the payment of medically reasonable and necessary services when Medicare erroneously denies payment, or when Medicare erroneously demands a repayment of overpayment. The information in this book will help Medicare providers, Medicare billing companies, and health care attorneys who represent Medicare providers to prepare for Administrative Law Judge (ALJ) hearings--and will help you win those ALJ decisions.

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The one book you need when considering a move. "Our homeowners are always asking us: Should I stay or should I go? This book helps you answer that question and move on from there, step by step. Everything starts at home, as we like to say. Home is where you start every day of every chapter in your life. With Wise Moves, you can make it good, safe, secure, and yours forever." --Drew and Jonathan Scott, HGTV's Property Brothers, editorial directors of Reveal magazine Considering a move? This easy-to-use guide helps you make the best choice for you, whatever stage you are in. Should you stay put? Would a few inexpensive renovations make your home the home of a lifetime? If you need a little help at home, where can you find it? Or should you move? And if so, where? And how to pay for it all? Topics covered include: Fitting your home to your needs Downsizing to rental apartments, condos, and coops Choosing independent living and active adult communities Finding quality assisted living and memory care Getting the best nursing care Buying second homes Deciding whether timeshares are worth it Moving abroad The authors, experts in the field who also have a broad range of personal experience, provide checklists in each chapter to help you discern your next steps and walk you gently through the process. "Everyone I know seems to be talking about downsizing or where to move next, yet there are so many considerations when weighing the rest of your life. This comprehensive book organizes everything you need to know, from aging in place, independent living, and assisted living facilities to paying for it all, with practical information and checklists to help your decision making. This is the book I've been waiting for someone to write." --Lee Woodruff, journalist, bestselling author, and cofounder of the Bob Woodruff Foundation for injured veterans "Cut the medical jargon, cut the legalese, cut the stereotypes and give us a map--clear and comprehensive--and a compass. That’s what this Wise Moves accomplishes, thanks to the vast experience and acumen of its two authors. Hurme and Frolik know their stuff and know how to equip you with smart tools for choosing or creating the right environment for your loved one’s or your own later years." --Charlie Sabatino, Director, ABA Commission on Law and Aging “A practical book filled with useful information. An invaluable resource for older Americans thinking about a move to a different home or locale.” --David English, Former Chair, ABA Commission on Law and Aging "So many people wait to plan a move to a senior living community until they're 'ready.' Unfortunately, by then, it's often too late. They make decisions in the midst of a crisis and miss the opportunity to live in an environment that will support their well-being. This book provides tools for proactively assessing what’s important in deciding your future." --Jill Vitale-Aussem, CEO of The Eden Alternative and author of AARP's Disrupting the Status Quo of Aging: A Mindshift

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HIPAA privacy regulations have been the subject of countless hours of study, analysis, and compliance efforts within the health care industry and beyond. Almost two decades later, and more than 15 years after the first edition of this book, the privacy and security requirements of HIPAA are the subject of significant confusion and uncertainty. As the laws and social pressure evolve and tighten the reigns on health care privacy, patients and providers will continue to become more concerned about maintaining the security and privacy of data while rising to the challenge of balancing privacy while promoting patient access and quality care. This revised and updated edition creates a useful guide for those who are new to HIPAA as well as provide updates for seasoned veterans of HIPAA. This book expands on the first edition and includes the Security Rule, the HITECH Act, and the Breach Notification Rule along with extensive discussion about HIPAA's parameters, practical applications, and lessons learned over the past 15 years. To assist you in complying with HIPAA's complex requirements, this book also includes forms and experiential anecdotes that you will find helpful in your ongoing HIPAA compliance efforts.

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The essential purpose of parliamentary rules for a business meeting is quite simply to provide a framework of established procedures for the orderly and fair conduct of the meeting's business. All too frequently, however, traditional parliamentary rules can lead to confusion, disagreement, and disruption when, in debate on a particularly troublesome issue, it is discovered that the chair of the meeting is not completely familiar with what can be complex and convoluted procedures. This is not surprising since traditional rules were tailored to formally structured parliamentary debate. The Modern Rules of Order aims to provide a more modern and simplified procedure that promotes efficiency, decorum, and fairness in a form that can be easily mastered and later referred to with ease. They are designed for application to a business meeting, whether the business is that of a major corporation or a small non-profit association.

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Over the last 20 years, the complexity and cost of natural resource damages (NRD) cases has continued to grow. Recognizing this rapidly expanding area of the law, Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases provides a guide for companies, attorneys, trustees, and consultants on how to value, litigate, and resolve these cases. Based upon the authors' combined 30 years of experience handling some of the largest and most complex NRD cases in the country, the book explores the jurisprudence, litigation strategy, and paths toward cost effective resolution of NRD matters. In addition, this valuable resource provides an annotated compilation of published caselaw, consent decrees, cooperative assessment agreements, administrative record submissions, and other materials. The authors provide a quantitative analysis of all key NRD settlements (under both CERLCA and OPA) to allow companies and trustees to properly assess their own cases in the context of prior results. In addition, the authors discuss the NRD regime in the European Union, including a review of the similarities and differences of the EU and United States approaches to environmental damages. Table of Contents Chapter 1: Introduction Chapter 2: NRD Statutes and Regulations Chapter 3: NRD Defenses: Legal, Evidentiary, and Procedural Chapter 4: NRD Assessments: Regulatory Framework Chapter 5: NRD Assessments: Valuation Methods Chapter 6: Cooperative NRD Assessments: Strategy and Mechanics Chapter 7: NRD Litigation: Strategy, Procedures, and Preparation Chapter 8: NRD Restoration: A Strategic Perspective Chapter 9: NRD Settlements Chapter 10: Complex Situations and Novel Approaches Chapter 11: The European NRD Regime Appendix, Table of Cases, Index

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Forensic accounting can help family lawyers win their case and let their clients keep more of the money that might otherwise be taken from them by the difficult and confusing divorce process. To assist you understanding the practice of forensic accounting and business valuation and ultimately apply it to your family law cases, The Forensic Accounting Deskbook provides a basic introduction to the core financial concepts in divorce, such as asset identification, classification and valuation, income determination, and expenses. Writing in a clear, accessible style, author Miles Mason, who is both an attorney and a CPA, provides step-by-step explanations of these "how to" mechanics. At the same time, he also explores higher-level strategic concerns that are appropriate for high-asset and high-conflict cases. He connects the dots and fills in the gaps among the interrelated topics involved in divorce, from methodology to testimony. Ideal for both the seasoned and less experienced family law practitioner, topics in this updated edition include: What is forensic accounting, and why do you need it? Engaging a forensic accountant Basic accounting principles Reading a financial statement How to look for hidden assets Discovery, subpoenas, and depositions Asset identification and clarification Determining income and the importance of lifestyle analysis Reports and testimony Ethics, standards, and confidentiality The book also includes useful appendices available both in the book and at an online forms library, including a deposition question checklist, a sample agreement for expert consulting services, a sample company's financial statements, and a sample forensic accounting report.

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Planning a client's estate can involve more than just the transfer of wealth from one generation to the next. To draft a customized plan that achieves a client's unique goals, an estate-planning practitioner must understand the client's values and convictions and, in many cases, his or her religious beliefs. For many clients, passing on these beliefs and traditions is just as important as, if not more important than, the distribution of assets. Estate Planning for the Muslim Client provides insights, information, and practical planning solutions for clients who wish to adhere to a set of classical religious obligations while recognizing the practicalities of daily life in America. The authors highlight various planning opportunities and identify the most common issues that arise when planning for a Muslim client. Topics include: Meeting the Muslim client and understanding the pillars of their faith Ethical, legal, and public policy issues Estate planning during life Planning for incapacity and death Disposition of property at death Drafting estate planning documents, with sample forms Planning for individuals and assets abroad, and more

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"Oh no, what are we going to do?" Experts say that every 65 seconds someone is diagnosed with Alzheimer's disease or some other form of dementia. When someone you love gets that diagnosis, you need answers. The authors, Kerry Peck and Rick Law, are two nationally renowned elder law attorneys who can help you make wise decisions in the midst of a post-diagnosis whirlwind of confusion. Avoid common missteps such as: Giving away assets to qualify for nursing home benefits Believing that Medicare will pay for your long-term care Waiting until the last minute before seeking expert legal advice Assuming that nursing home Medicaid is a do-it-yourself project Thinking that a revocable living trust provides asset protection And many more

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Due diligence is usually a straightforward process that has not experienced radical change in recent years. In contrast, intellectual property itself is constantly evolving, highly technical, and often defines a company's position in the marketplace. Keeping up to date with changing IP laws adds to the complexities for effective due diligence. Intellectual Property and Technology Due Diligence assists the intellectual property attorney in conducting a thorough review of all aspects of intellectual property and technology, accurately assessing and analyzing the risks and benefits associated with those intangible assets, and determining how they impact transactions and the business at large. Table of Contents Chapter 1: An Introduction to Intellectual Property and Technology Due Diligence Chapter 2: The Structure of a Deal and Its Impact on the Scope of Due Diligence Chapter 3: Intellectual Property Due Diligence: An Overview Chapter 4: Trademark Due Diligence Chapter 5: Copyright Due Diligence Chapter 6: Patent Due Diligence Chapter 7: Trade Secrets Chapter 8: Technology, Data, and Online Services Due Diligence Chapter 9: Cybersecurity and Data Privacy Due Diligence Chapter 10: Due Diligence of Agreements Chapter 11: Intellectual Property Due Diligence and Government Contractors Chapter 12: The Life Sciences Sector Chapter 13: Agricultural and Plant Breeding Industry Chapter 14: Intellectual Property Acquired Through Bankruptcy Chapter 15: University-Originated Intellectual Property Chapter 16: Conforming the Provisions to Reflect the Due Diligence and the Deal Chapter 17: Security Lines Chapter 18: Closing: What Happens Next? Includes Appendices About the Editor Lacy Kolo, PhD, is a Director at the global investment bank Houlihan Lokey. As part of the Tech+IP Advisory practice at the bank, Dr. Kolo serves as an advisor for clients, providing counsel on technology and intellectual property-based transactions, mergers, and acquisitions, IP-backed capital formation, and restructuring.

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This valuable book provides the latest review and analysis on franchise and distribution law in one comprehensive, easy-to-use resource. Every franchise attorney will find this a convenient source for staying current on the latest franchise and distribution cases.Topics include: Franchise Definitions Registration and Disclosures Relationship, Termination and Renewal Intellectual Property Common Law Antitrust Federal Issues State Issues Litigation International Franchising

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The 2016 presidential election profoundly reshaped the Supreme Court. President Donald Trump's selection of three justices - Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett - created a solid six-justice conservative majority. The impact was seen a year ago in October Term 2021, Justice Barrett's first full term. The Court overruled Roe v. Wade, dramatically increased the protection for gun rights, found a First Amendment right for a high school football coach to pray publicly on the field after games, and ruled that the Environmental Protection Agency lacked the authority to regulate greenhouse gas emissions from coal-fired power plants.In the last days of October Term 2022, the Court, again in a series of 6-3 decisions, moved the law significantly to the right in restricting affirmative action by colleges and universities, creating a First Amendment exception to state anti-discrimination laws for those engaged in expressive activities, and invalidating President Joe Biden's student loan forgiveness program. But unlike the prior term, there were some significant surprises from the conservative Court, including finding that Alabama violated the Voting Rights Act in its drawing of congressional districts, rejecting the "independent state legislature" theory which would have precluded state courts from enforcing state constitutions in elections for Congress, and in upholding the Indian Child Welfare Act. Overall, the conservative position prevailed in the most high-profile cases, but less consistently than the year before.October Term 2021 was momentous, from abortion and gun rights to religion and greenhouse gas emissions. In the past, the Court seemed to follow a blockbuster term with a sleepier one. October Term 2022 deviated from this pattern. As described in the following chapters, it was another momentous year - filled with cases that significantly changed the law in many areas and that will significantly affect people's lives.

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The basic formulation of the Stark Law is as follows: If a physician (or his or her immediate family member) has a financial relationship with an entity (e.g., s/he rents office space from a hospital), the physician may not refer designated health services to such entity, and the entity may not bill for such services, unless an exception (or waiver) is satisfied.Table of Contents: The Stark Law Core Definitions, Terms Used in Exceptions, and "Special Rules" Definition of "Group Practice," Period of Disallowance, and Other Terms of Art and Concepts Exceptions, Waivers and Other Relief Interpretations of the Stark Law Penalties and Compromise Resources and Reference GuideIndex

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The latest installment in the What is a Patent series, this book is an excellent resource to give clients, or for anyone who would like to learn more about patents. Topics include: Types of patents; The value of patents; What is patentable; How to obtain a patent; Enforcement of patents; And more.

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Are you are bit restless—satisfied with life and career but concerned you are being shaped by your surroundings? Do you avoid serious discussion about retirement because you don’t know what to do if not lawyering? Have you thought about slowing down but don’t know where to start? Would you like to pursue other interests? Find Your Landing Zone is a combination of tools, advice, and inspiring stories that will spark the motivation you need to launch a new career, slow down a bit, or embark upon retirement. You will learn: To look change in the eye—and embrace it That you don’t need a mountain of money to switch gears Ideas for negotiating your exit plan with management Tips for solo and small firm practitioners who are thinking about what’s next How to progress from thinking about the future to making it happen Find Your Landing Zone will prepare you for a fulfilling life beyond the practice of law.

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This is a comprehensive examination of the Surety's Indemnity Agreement, the first publication of its kind; providing a description of the Surety's Indemnity Agreement's provisions along with a discussion of the cases that have interpreted those provisions. In addition, the book provides practice pointers assisting practitioners in the enforcement of the surety's rights under the Indemnity Agreement. Both the footnotes in the book and the bibliographies attached cite numerous cases and published and unpublished papers that concern the development and analysis of the surety's rights under the Indemnity Agreement.In addition to updating the law and adding as many case citations and articles about the surety's Indemnity Agreement as possible, this new edition has been updated with the new cases related to surety indemnity agreements handed down since the FSLC published the Second Edition in 2013.

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In light of malpractice risk and increasing workload, it is vital for practitioners to work effectively and efficiently. This manual provides a tool for promoting the quality of application conduct by enhancing mindfulness of the practitioner to procedural options available at any given point during the application protocol. It will aid the practitioner in anticipating the Patent Office's actions, as well as elevate the practitioner's awareness of options available in prosecuting an application.Table of Contents:Part One: Domestic Filing Practice Introduction - Patents: The Weak and the Strong Sources of Domestic Patent Law Pre-Filing Activities & Considerations Filing Post-Filing Post-Grant Part Two: Foreign Filing Practice Introduction: Patent World Sources of International Patent Law and Regulations Principal International IP Accords Pre-Application Activities and Considerations Application/Prosecution Foreign Filing Strategies Part Three: International Biotechnology Patent Applications Introduction: Patents for Life Domestic Biotechnology Patent Applications International Biotechnology Patent Application IndexesAppendix

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Written by Clifton B. Kruse, Jr., a well-known expert in the fields of estate planning and elder law, this updated edition of Third-Party and Self-Created Trusts explains the effect that governmental legislation has had on trust law and guides you through the maze of federal laws that affect planning for the elderly and disabled. Focusing on the effect of the Omnibus Budget Reconciliation Act of 1993 on trusts for older and disabled Americans, this guide includes the full text of this act and outlines how it affects the drafting of trusts, illustrated by a comprehensive chart showing OBRA 1993's effect on nine commonly used trusts.Third-Party and Self-Created Trusts includes sample forms and language reflecting the most current rulings, dozens of real-world examples, and detailed endnotes that will help you: Draft trusts for individuals who have disabled children or elderly or disabled parents so that the trust beneficiary is not disqualified from receiving government entitlement programs Outline the necessary case law and language that should be considered when drafting wills and trusts for such clients Include language in the trust for disabled clients who may be receiving Medicaid and wish to retain a supplemental fund for themselves until their death. In addition to updating the material from the earlier editions, the trust forms have been amended where appropriate.

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When entering the legal profession, lawyers dream of advocacy, writing, and advice as daily tasks. Claim that dream by using automation to ease tasks on the business side. From intake, scheduling, invoicing, writing, and proofreading, this book gives you possibilities to start designing your dream.Clients value lawyers for their advice, advocacy, and written products. However, lawyers or their staff end up devoting time to manually creating invoices and welcome letters, negotiating calendars, inputting client data from intake forms, and typing and retyping basic client data into filings and correspondence. Between the possible mistakes and the probable burnout, manual work at the law office has its hazards.Automation has transformed the way we work and relate to one another. You deserve the freedom to not manually fill out order forms, write the same letters word for word, or recall basic client details before preparing for a meeting or hearing. Your clients, your employees, and your health will thank you.The Lawyer's Guide to Office Automation: Tools and Strategies to Improve Your Firm and Your Life outlines solutions to operational challenges such as drafting and revising common documents, creating invoices, and scheduling appointments. Create an intake system that supports you and your office, freeing you to deal with the reason you get paid, your advice, documents, and advocacy. The book also covers the ethical and cybersecurity concerns that automated law firms encounter. See the possibilities and jump start your plan to make your law office work smarter for you!

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This is a practice-focused guide to the Federal Water Pollution Control Act, commonly known as the Clean Water Act--the primary federal statute regulating water pollution for the protection of the country's water resources.Clean Water Act Essentials: Third Edition provides legal practitioners, consultants, and other interested individuals with an overview of the CWA's complex framework of federal and state controls. The authors explain the statute and the 1972 Amendments that created a system of permits and regulations to govern the discharge of pollutants into the nation's waters and publicly owned treatment works, focusing on these uniform standards and their implementation and enforcement.This quick overview covers all essential elements of the Clean Water Act: History of the Clean Water Act and Amendments NPDES permitting process Technology-based standards Water-quality-based effluent limitations Publicly owned treatment works (POTW) Regulation of wetlands Discharges and spills of oil and hazardous substances Wet-weather discharges from point sources Reducing nonpoint source pollution Enforcement Clean Water Act Essentials: Third Edition includes time-saving appendices, including an acronym list, FAQs, a list of key cases with a one-sentence description of that case, glossary, and bibliography. Whether you're new or seasoned professional, you'll find this a quick and necessary resource for understanding the legal fundamentals of the CWA.

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Business clients are increasingly seeking their lawyers’ advice and assistance with human rights due diligence (HRDD). Their clients must navigate compliance with a growing array of legal requirements and soft law standards defining the expectations of governments, investors, and society that businesses respect human rights. Consequently, new opportunities are arising for lawyers to provide services and advice to businesses on HRDD.This guide, intended for U.S. and foreign lawyers alike, is an indispensable resource on HRDD that should assist lawyers with understanding not only the fundamentals of HRDD but also crucial aspects of the process.Part I of the book examines the essentials of HRDD, including the HRDD process, lawyers’ ethical obligations related to HRDD, and key due diligence legal requirements. In Part II, practical aspects of implementing HRDD are explored, including corporate governance, HRDD’s relationship to compliance approaches, use of grievance mechanisms, stakeholder engagement, gender-sensitive HRDD, and consultation with indigenous peoples.In this rapidly developing area, lawyers also need to be aware of key developments that will affect how their business clients perform HRDD. Therefore, the final section, Part III, addresses four of those key areas: suppliers in value chains, the financial sector, the intersection of environmental law and climate change issues with HRDD, and high-risk security situations, such as those in countries that are politically unstable or undergoing conflict.The goal of the expert contributions to this book is to further lawyers’ understanding and to facilitate their role in assisting businesses to respect human rights, which should, at the same time, foster businesses’ contribution to sustainable development and the social factor of ESG (Environmental, Social, and Governance).

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The legal landscape around climate change is complex, unstable, and expanding. Scientists continue to publish new findings, policy makers regularly adopt new regulations, and petitioners file new litigation, nationwide and around the world. Hence the need for this third edition. Most of it is completely new, and the few chapters carried over from the second edition have been thoroughly updated.

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This valuable book provides an in-depth review and analysis on casualty and insurance issues in one comprehensive, easy-to-use resource.

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