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American Bar Association (ABA)

Esquire Deposition Solutions, LLC

New Jersey Weighs New Duty of Technology Competence

New Jersey appears poised to become the next state to explicitly add a duty of technology competence to its professional code of ethics. Proposed revisions to the New Jersey Rules of Professional Conduct would, if adopted,...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2025

Welcome to our first 2025 issue of The Site Report! As we begin the new year, we look forward to bringing you insight into the myriad of legal, technological, code and other changes impacting the construction industry. In...more

Goldberg Segalla

The Corporate Client: You’re My Lawyer, Right?

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The ABA recently provided insight for attorneys who represent corporate clients. While that engagement is often limited to an attorney’s duty to the organization, there is a very real risk that the organization’s members –...more

Association of Certified E-Discovery...

Generative AI in Law: Understanding the Latest Professional Guidelines

The integration of artificial intelligence (“AI”) into legal practice is no longer a future prospect. It’s a reality that many attorneys are facing today. As law firms and legal departments begin to adopt AI tools to enhance...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter (December 2024)

Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general (State AGs) across the...more

Esquire Deposition Solutions, LLC

When Mere Objections Are Not Enough

It’s a common practice during a deposition for lawyers to assert legal objections to witness testimony but then allow the deposition to proceed. In fact, this practice is broadly encouraged. Depositions are wide-ranging...more

Esquire Deposition Solutions, LLC

What to Include in a Deposition Letter

The receipt of a notice for a client’s deposition usually sets off a chain reaction of familiar events in most law offices across the country. The deposition is calendared. Materials requested in the notice or accompanying...more

Esquire Deposition Solutions, LLC

Washington Revises Rules for Remote Depositions

The Washington Supreme Court recently approved significant revisions to that state’s procedural rules on remote depositions. Revised Rule 30 of the Washington Civil Rules will now allow remote depositions to be noticed...more

Esquire Deposition Solutions, LLC

California to Update Court Interpreter Ethics Standards

California courts are readying new standards for court interpreters with most changes focused on ethical behavior during remote and hybrid court proceedings. The proposed revisions to the Professional Standards and Ethics for...more

Sands Anderson PC

May Attorneys Ethically Seek Guidance from Online Forums? Yes, But…

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An attorney belongs to a specialty bar organization in which members routinely post questions, comments and tips on an online forum or through an automated email management system. The attorney seeks to post a request for...more

Jones Day

JONES DAY TALKS®: Detecting and Addressing Prosecutorial Misconduct: An Overview for Defense Lawyers

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Though rare, cases of prosecutorial misconduct do occur in cases at all court levels and across jurisdictions. Partner Neal Stephens, co-author of Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyers,...more

Vinson & Elkins LLP

Inspecting The New Int'l Arbitration Site Visits Protocol

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This September saw the publication of the International Bar Association Site Visit Model Protocol for International Arbitration, offering a framework of rules for conducting site visits in international arbitration. ...more

Proskauer - Regulatory & Compliance

Countdown to 2025: New HSR Premerger Disclosure Rules

The Federal Trade Commission (“FTC” or the “Commission”) has announced a final rule (the “Final Rule”) significantly expanding the premerger notification and reporting requirements under the Hart‑Scott‑Rodino Antitrust...more

Baker Botts L.L.P.

Navigating Ethical AI Guidelines from the ABA and State Bars

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The American Bar Association (ABA) and several state bars have recently issued guidelines on the ethical use of generative artificial intelligence (AI) in legal practice. As AI tools like LLM-based chatbots become more...more

Esquire Deposition Solutions, LLC

Litigators Weigh Need to Disclose AI Use to Clients

Many lawyers today are wrestling with the question of whether they should inform clients that artificial intelligence technologies are being used on their case matters. Ethical advice from state bar regulators has been slowly...more

Bilzin Sumberg

Federal Court Makes It Harder for Plaintiffs to Bring Data Breach Claims

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In a recent federal case from New York, the court dealt a blow to plaintiffs suing over data breaches. The plaintiffs had filed a putative class action suit, alleging that they (and others like them) had been harmed by the...more

Goodell, DeVries, Leech & Dann, LLP

Generative AI and Legal Ethics

The number of lawyers sanctioned for citing fake cases or quotes created by Generative Artificial Intelligence tools continues to grow. Earlier this summer, U.S. District Judge Thomas Cullen ordered counsel to show cause as...more

Goulston & Storrs PC

What's Market: The Materiality Scrape

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Over the past 15+ years covered by the ABA studies, materiality scrapes have morphed from being a somewhat uncommon provision, seen in about 14% of transactions in 2005, to something near-ubiquitous in M&A purchase...more

Goulston & Storrs PC

What's Market: No Undisclosed Liabilities Representations

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In M&A transactions, unknown target liabilities are typically addressed in different ways throughout the M&A purchase agreement. A no undisclosed liabilities representation is one of the principal representations in an M&A...more

Goulston & Storrs PC

What's Market: Representations and Warranty Insurance

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Representation and warranty insurance (“RWI”) is an increasingly important feature of private company M&A transactions. Every other year since 2005 the ABA has released its Private Target Mergers and Acquisitions Deal Point...more

Goulston & Storrs PC

What's Market: Indemnity Escrows

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Merger and acquisition (M&A) purchase agreements generally include indemnification provisions, pursuant to which any given party (indemnitor) agrees to defend, hold harmless, and indemnify the other party or parties...more

Goulston & Storrs PC

What's Market: Alternative Dispute Resolution Provisions

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In M&A purchase agreements, the parties may stipulate certain non-judicial means for dealing with claims under the agreement (e.g., arbitration or mediation). These ADR provisions will govern how disputes between the parties...more

Proskauer Rose LLP

Wealth Management Update - September 2024 - 2

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September 2024 AFRs and 7520 Rate - The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September...more

Goulston & Storrs PC

What's Market: 10b-5 Representations

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In M&A transactions, the definitive purchase agreement—e.g., asset purchase agreement, stock purchase agreement, or merger agreement—typically contains representations and warranties that the seller makes with respect to the...more

Goulston & Storrs PC

What's Market: Exclusion of Consequential Damages

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In M&A transactions, the definitive purchase agreement, whether asset purchase agreement, stock purchase agreement, or merger agreement, typically contains representations and warranties and related indemnification covenants....more

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