Welcome to LexTalk - A LexisNexis Blog

Life by PowerPoint
Posted on 05-22-2018 by Jim Wagstaffe

Death by PowerPoint? Nonsense. If well used, PowerPoint is a most powerful tool In recent years, trial lawyers and litigators remarkably have developed the same love-hate relationship with PowerPoint presentations as have public speakers and presenters... Read More

Tags: Jim Wagstaffe , litigation , Powerpoint

The Murky World of Judicial Bias: Is There a Clear Solution?
Posted on 05-22-2018 by Lextalk Staff

Judges cannot be impartial; instead, they are ruled by their allegiances. A person can’t judge one’s self. This 6-word tenant has constitutional roots, specifically in The Federalist Papers . In The Federalist Papers, No. 10 , James... Read More

Tags: judicial bias , Lexis Advance , bias , judge cards

The Supreme Court as Your Legal Writing Inspiration?
Posted on 05-16-2018 by Sam Mullan

Inspiration is all about the power of persuasion. The Supreme Court is a place where we look for legal direction. It’s also a place where we can and should look for legal inspiration. The writing offered by the Supreme Court often comes... Read More

Tags: legal writing , writing , Supreme Court

Ponzi Scheme Roundup: April 2018
Posted on 05-11-2018 by kathy@kathybphelps.com

By Kathy Bazoian Phelps Ponzi Scheme Roundup: April 2018 Below is a summary of the activity reported for April 2018. The reported stories reflect at least 12 new Ponzi schemes worldwide; over 1,060 years of newly imposed sentences for people involved... Read More

Tags: Ponzi Scheme

Cryptocurrency - Valuation, Regulation & Taxation
Posted on 05-11-2018 by Lextalk Staff

Guidance And Regulation Coming From U.S. And Other Countries Guidance for valuing and treating cryptocurrencies varies. For example, a 2014 IRS Guidance characterized cryptocurrency as “a digital representation of value.” Today, the... Read More

Tags: Bitcoin , IRS , Cryptocurrency

Data Breach Disclosure Plan
Posted on 05-11-2018 by Lextalk Staff

Recent Decision And Guidance From SEC Provides Blueprint The SEC has been actively scrutinizing how public companies respond to data breaches. The recent decision in ALTABA and February’s interpretive guidance provide plenty of insight to... Read More

Tags: breach , SEC , data , Securities and Exchange Commission , Data Breach

Blockchain & Bitcoin: Lawyers Need to Get It or Get Out
Posted on 05-09-2018 by Lextalk Staff

Blockchain has the transformative potential of common law. Bitcoin ... you tried to ignore it, but you’ve run out of time. The clock struck midnight with this recent headline from the New York Times: Bitcoin Sees Wall Street Warm to Trading... Read More

Tags: blockchain , Bitcoin

Salmonella Outbreak – 3 Key Ideas In The Aftermath
Posted on 04-29-2018 by The Lange Law Firm

At the end of the day it is the consumer who is a last line of defense. By: Dwight Spencer It has been eleven days since the CDC issued this statement concerning a Salmonella outbreak. The culprit: shell eggs. Twenty-three people are currently... Read More

Tags: Salmonella , food law

Marketing Power Is in the Sum of the Parts
Posted on 04-29-2018 by Lextalk Staff

The most skilled lawyers do a great job in the pre-purchase process. By Matt Starosciak It’s very true that the best marketing programs get a lot of little things right. One of my oldest friends is a skilled contractor who helped me remodel... Read More

Tags: law firm , firm , marketing

How Law Firm Marketing Has Changed
Posted on 04-29-2018 by Lextalk Staff

Once you understand how today's system works, you can exploit it to your advantage. By Matt Starosciak The biggest changes in law firm marketing over the past 25 years involve response time, options available to prospects, and smart marketing... Read More

Tags: law firm , firm , marketing

They Most Certainly Are Your Competition
Posted on 04-29-2018 by Lextalk Staff

Put yourself in your prospective client’s shoes. By Matt Starosciak Any law firm that does the same kind of work you do in the same region is your competition. It’s a mistake to believe they are not simply because of your team’s... Read More

Tags: law firm , firm , marketing

Cloud Security: They Didn’t Teach It In Law School (But They Should Have!)
Posted on 04-26-2018 by Lextalk Staff

Cloud security for law firms: Safe or “merely different” risks? Repeat after me: My firm will suffer a cloud security breach . For you (the reader), repeating this might not change anything. You’ll gloss over the words and mindlessly... Read More

Tags: law firm security , law firm , cloud security , cloud , security , cybersecurity

PTAB Review Practice Invalidated By SCOTUS
Posted on 04-26-2018 by Lextalk Staff

Every Challenged Patent Claim Must Be Reviewed In a 5-4 decision, the PTAB’s practice of choosing which challenged claims to review was invalidate by SCOTUS. The Court determined that the America Invents Act requires the PTAB to address all challenged... Read More

Tags: PTAB , intellectual property , patents , Patent Trial and Appeal Board

"Best Interests" Standard for Brokers Open For Public Comment
Posted on 04-26-2018 by Lextalk Staff

What’s the Definition of “Best Interests”? Despite a 4-1 vote to open a 90-day comment period for the proposed “Best Interests” standard for brokers, the SEC seems divided over the current language of the regulation. One... Read More

Tags: SEC , Securities and Exchange Commission , Securities

Cybersecurity Framework For Law Firms
Posted on 04-26-2018 by Lextalk Staff

Cybersecurity: Protecting Clients And Law Firms Should there be a standard framework for law firm cybersecurity? Law firms currently operate in a landscape that varies from state bar to state bar. A standard framework could provide consistency across... Read More

Tags: malware , phishing , hack , cybersecurity

DACA University: America’s Immigration Battle Over In-State Tuition
Posted on 04-21-2018 by Lextalk Staff

Advocates—both for and against—in-state tuition face a quickly evolving landscape. College student or illegal student? This is the unsteady balance faced by an undocumented student who’s protected under the Deferred Action for... Read More

Tags: in-state tuition , college , university , DACA , Immigration , Deferred Action for Childhood Arrivals

The Energy Sector: Future Thinking Is Critical
Posted on 04-17-2018 by Lextalk Staff

The future of energy technology is being fueled by a tsunamis of innovation. A 10th-Century resident of Absheron, being familiar with oil as a commodity, wouldn’t be surprised by oil’s importance today. From this, some might argue that—despite... Read More

Tags: oil , gas , Energy

There’s A Big Difference Between Bragging And Giving A Prospective Client What They Want
Posted on 04-14-2018 by Lextalk Staff

By Matt Starosciak Walt Whitman once said “If you done it, it ain’t bragging.” This is a powerful truth that reminds of a common struggle among attorneys and how it can impact their ability to convert the best prospects into the best... Read More

Tags: client , marketing , prospective client , advertising , legal marketing

Double Down on High Producing Marketing… And Fast
Posted on 04-07-2018 by Lextalk Staff

By Matt Starosciak Marketing a small practice in today’s ultra-competitive legal space is a tough task. That’s why it is so important to immediately increase your investment in marketing strategies that produce strong returns. Recognize... Read More

Tags: marketing , advertising , legal marketing

Ponzi Scheme Roundup: March 2018
Posted on 04-05-2018 by kathy@kathybphelps.com

By Kathy Bazoian Phelps Ponzi Scheme Roundup: March 2018 Below is a summary of the activity reported for March 2018. The reported stories reflect at least 10 new Ponzi schemes worldwide; over 16 years of newly imposed sentences for people involved... Read More

Tags: Ponzi Scheme