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Expert Opinion

Oct 28, 2020

eDiscovery Update: Developing your ‘Discovery Playbook’ phase one: Information Governance

Discovery is often an expensive proposition. Costs to collect, review and produce documents can stack up early in the life of a case and have been known to prematurely force parties to the settlement table. Any attorney unlucky enough to be tasked with managing a litigation budget knows how hard it is to tame the […]

Oct 27, 2020

The Inclusive Office: Feminism isn’t feminism unless it’s intersectional

Feminists have been celebrating frequent cracks in the glass ceiling lately: Hon. Amy Coney Barrett was confirmed to the United States Supreme Court to fill the seat held by the late luminary and legend Hon. Ruth Bader Ginsburg; Sen. Kamala Harris became the first Black and Asian woman nominated to the vice presidency; Kristen Welker […]

Oct 23, 2020

California Bar on ethical obligations in the event of a cyberattack

Now that more lawyers are working remotely than ever before, cybersecurity has become a top-of-mind issue. This is because most businesses, including law firms, were not prepared for the unexpected shift to remote working, and as a result, bad actors have begun to take advantage of this change in circumstances, and cyberattacks have increased significantly […]

Oct 22, 2020

Matrimonial Matters: How divorce affects Social Security benefits

In facing a divorce, parties are often focused early on the retirement accounts — their own and, sometimes even more, those of the other party. However, questions about Social Security benefits tend to come later. There is a great deal of misunderstanding as to what is actually available under Social Security, and it’s good to […]

Oct 20, 2020

GRAWA President’s Message: Self-care is crucial for your health, and GRAWA can help

October is a meaningful month, calling our attention to Breast Cancer Awareness and Domestic Violence Awareness especially. It also contains a week for Mental Illness Awareness, as well as National Depression Screening Day and World Mental Health Day. The overarching theme for October suggests continuing self-care, a carryover from September, which is officially Self Care […]

Oct 19, 2020

Environmental Law: Energy policy and the fracking battle in the November election

With the presidential election less than three weeks out and the pandemic hitting the state, questions about energy policy and fracking are popping up in various ways. Although it has been a few years since this column has addressed fracking or hydraulic fracturing in New York, a means of oil and natural gas development, the […]

Oct 16, 2020

Colorado Bar on ethical obligations in a data breach

When the pandemic hit, most lawyers began to work from home, oftentimes exclusively. Many continue to do so today out of necessity or preference. As a result, practicing law virtually is a newfound reality and many law firms have begun to invest in the technology needed to support it. Of course, now that lawyers are […]

Oct 14, 2020

Your Counsel: A primer on New York Workers’ Compensation

Lawyers tend to limit their practice to a few areas. Nonetheless, people come to us with myriad problems — many of which fall outside our realm of expertise. Through this column, I provide practical information to help you assist those who have employment, disability benefit, workers’ compensation, and related problems. Here are the basics about […]

Oct 13, 2020

IP Frontiers: Jack Daniel’s going to the dogs — balancing trademark rights and free speech

Jack Daniel’s iconic bottle design is an example of a famous trade dress, which is registered as a trademark. In order to maintain the value of its trademark, Jack Daniel’s has aggressively and successfully policed its trade dress design against several competitive distilleries. However, Jack Daniel’s may have bitten off more than it can chew […]

Oct 12, 2020

Michigan Bar weighs in on technology competence for lawyers

Technology competence has been an ethical requirement for lawyers in many jurisdictions for years now. Specifically, ethics committees have generally required that lawyers take steps to ensure that they have a sufficient understanding of the technologies available to them so that they can make educated decisions about when and how to use the technologies in […]

Oct 8, 2020

Advocate’s View: It’s (the) Zoom where it happens — what you need to know

It’s March 2020, and at first, I thought — we all thought — mediations will have to be put on hold until we can do them “in person.” However, it quickly became apparent that doing anything in person would involve risk and adhering to stringent protocols. The courts were on hold, and if the practice […]

Oct 7, 2020

MCBA President’s Message: MCBA working on diversity, anti-racism plans

The events across the county and in our community reflecting racism in ways that we who are white may not have fully perceived are now front and center. The endless stream of social media and news videos reflecting the range of racist conduct our Black and brown brothers and sisters have experienced have led many […]

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