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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

FLSA Exemptions Standard Shifted By SCOTUS
Posted on 04-05-2018 by Lextalk Staff

Fair Reading vs. Narrowly Construed In a 5-4 decision, the Supreme Court of the United States replaced the narrow construction standard for FLSA exemptions with a new “fair reading” standard. Lower courts will be required to take a broader... Read More

Tags: Fair Labor Standards Act , FLSA

21st-Century Insurers Need a Deep Awareness of 21st-Century Risks
Posted on 04-05-2018 by Lextalk Staff

For calculated risk, the enemy is disruption. Risk can be impacted by two actions: caution and calculation. Regarding the first, German screenwriter Werner Herzog had this to say: I prefer to be alive, so I'm cautious about taking risks.... Read More

Tags: Insurance , insurer , risk

Role of the Migration Agency vs. Third-party Recruiter
Posted on 04-04-2018 by Mshahlaw

By Jinhee Wilde, Esq. There has been an alarming trend, first by the consular officers in Asia and now through Department of Homeland Security/USCIS (USCIS) to suspect and deny cases merely because the foreign worker applicant has engaged the services... Read More

Tags: migration , Department of Homeland Security , Immigration , USCIS

Accelerating Technology: Your Head-In-The-Sand Mentality Won’t Work Anymore
Posted on 03-31-2018 by Travis Burchart

Accelerating legal technology: It's a good thing! Tech-challenged lawyers must adopt this mantra: Nothing in life is to be feared, it is only to be understood . — Marie Curie Some’ll shrug off this advice. They’ll... Read More

Tags: technology , legal technology

Your HIPAA Sickness: The Surest Cure Is an Employee Cure
Posted on 03-31-2018 by Lextalk Staff

HIPAA violations: They begin and end with your employees. A single “Gesundheit” ... that’s all it takes to destroy the HIPAA success of your healthcare company. Much like the butterfly effect , it begins with a sneeze, which... Read More

Tags: health , medicine , Health Insurance Portability and Accountability Act , data , health information , medical , doctor , HIPPA

LGBTQ Employment Discrimination: Key New Developments
Posted on 03-31-2018 by Lextalk Staff

LGBTQ issues: The law of the land is inconsistent. LGBTQ advocates recently had victories in the United States Courts of Appeals for the Second and Sixth Circuits. In Zarda v. Altitude Express, 2018 U.S. App. LEXIS 4608, at *10 (2d Cir. Feb. 26... Read More

Tags: gay , employee , homosexual , LGBTQ , employer , transgender , bisexual , employment , lesbian , Employment Law

Paralegals: Carving Out Your Alternative Career Path
Posted on 03-23-2018 by Hannah Barnhorn

Paralegals: Don't be afraid to pursue an alternative career. After law school, I spent nearly a decade directing an ABA approved paralegal program. In that role, I worked with students throughout the program to discuss their career options.... Read More

Tags: paralegal

Why Increasing Your Marketing Budget Every Year is Critical
Posted on 03-22-2018 by Lextalk Staff

By Matt Starosciak For most attorneys, there is nothing more discouraging than a bad revenue year. It generates lots of negative thoughts, uncertainty, and a lack of confidence. It creates questions such as: Am I still a good attorney? How long will... Read More

Tags: budget , marketing , advertising , marketing budget , legal marketing

The 9 Alternatives for Regulating Cryptocurrency
Posted on 03-16-2018 by kathy@kathybphelps.com

Cryptocurrency: Should it be considered a currency, a security, or a commodity? By Kathy Bazoian Phelps To regulate or not? That is the question. And there seems to be no consensus. The results of the Cryptocurrency Poll so far reveal a very... Read More

Tags: Cryptocurrency

Blockchain Tech Patents: Is Litigation On The Horizon?
Posted on 03-16-2018 by Lextalk Staff

Blockchain Patents Up 300% Does Blockchain technology fall under the patent eligibility standard set forth in Alice Corp. Pty. Ltd. V. CLS Bank Int’l , 134 S. Ct. 2347 (2014)? If so, that hasn’t stopped FinTech and other industries from... Read More

Tags: blockchain , patent , patent litigation

EB-5 Change Imminent?
Posted on 03-14-2018 by Mshahlaw

By Mona Shah, ESQ. of Mona Shah & Associates Global Will we finally see change in the EB-5 space? Discussions about what the future of EB-5 would entail have abounded for years now, but it seems we finally have some clarity on the state of proposed... Read More

Tags: EB-5 , investment , Immigration