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Expert Opinion

Legal Loop: Lawyers should be concerned about a new Gmail security issue: here’s how to fix it

 If you’ve been reading my column over the years, you already know that unencrypted email is inherently unsecure and that it’s no different than sending a postcard written in pencil through the post office. Despite this fact, in the mid-1990s, ...

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White Collar Corner: Supreme Court decides SEC “judges” were unconstitutionally appointed, leaves other questions unanswered

The U.S. Supreme Court recently ruled that Administrative Law Judges (ALJs) of the U.S. Securities and Exchange Commission (SEC or Commission) are “Officers of the United States” whose appointments must be made in accordance with the Appointments Clause of the ...

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Advocate’s View: Litigation issues in transactional documents: arbitration clauses, merger clauses and attorney’s fee provisions

“An ounce of prevention is worth a pound of cure.” The words of Benjamin Franklin perfectly describe the transactional attorney’s ideal role in the negotiation and drafting of contracts. In practice, complex agreements are routinely negotiated and signed within days ...

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Your Counsel: Making the most of mediation


More than ever before, we who practice law limit ourselves to a finite number of areas. Notwithstanding, people come to us with many problems which fall outside our expertise. Although a little knowledge is dangerous, the goal of this column ...

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Civil Litigation: Recent Supreme Court decisions affecting the labor and employment practice area

Alina Nadir

The Supreme Court recently handed down some significant decisions in the labor and employment field. These decisions represent a trend of pro-employer decisions from the Court. Union Agency Fees: Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018) In ...

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IP Frontiers: Application or registration? Supreme Court to decide when copyright holders may bring infringement suit

The United States Copyright Act contains one of the great contradictions in American jurisprudence. Copyright automatically inheres in a work at the moment the work is created. In other words, an author of any work of art has copyright rights ...

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Legal Loop: U.S. Supreme Court holds expectation of privacy in cell phone geolocation data

Smartphones have become central to the lives of most Americans. We count on our phones to keep us connected to the world. Because our phones handle so many pivotal functions for us, we’ve become increasingly reliant on them. They’ve have ...

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Criminal Law: Extra peremptory challenge may cure jury selection error

Both the prosecution and defense are entitled by statute to a certain number of peremptory challenges. This depends on the highest offense level contained in the accusatory instrument: with class A felonies, for example, 10 challenges; for misdemeanors, three challenges. ...

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MCBA President’s Message: Community, communication and commitment themes for the 2018-19 bar year

During the 2017-18 bar year, I had an opportunity to work with an outstanding Board of Trustees under the leadership of Jill Cicero. As president-elect, I participated in the work performed by the board and the MCBA’s internal team in ...

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