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Preventive Measures: Arguing for—and Against—New Options for Patients and Public Health

A recent four-part series of feature articles in the State Net® Capitol Journal makes clear that several health-related matters illustrate how something other than the status quo might be needed to reach solutions that satisfy patients, their families and current politicians alike. Here are highlights...

This Is Real Law: The Power of Knowledge: Publishing Legal Information to Help Fight “Land Grabs”

Land is more than a precious commodity. It feeds us. It protects us. It gives us hope, a feeling of being rooted in the here and now, and a sense of the possibilities in whatever lies ahead. Indeed, there are few human emotions quite like the attachment to—and ownership of—a parcel of...

This Is Real Law. The Power of Knowledge: Publishing Legal Information to Fight Arbitrary Detention

Access to justice starts with access to relevant legal information, which is why many legal professionals, as well as business executives, policymakers, academics and others, are supporting efforts to advance the availability of local statutes, particularly in transition nations and those emerging from...

This Is Real Law. Collateral Damage: Falling Energy Prices Pose New Risks for Lenders

Where energy prices are going in 2015 is anyone’s guess. According to Goldman Sachs Group Inc., Barclays and the Tokyo-based Marubeni Corp., for example, the price of crude oil could soon plummet to $30 per barrel. Other predictions are even more extreme. Oil as cheap as $20 a barrel could be on...

This Is Real Law. New, Familiar Challenges: State Net® Capitol Journal 2015

Lawmakers across the nation will face a variety of familiar challenges and opportunities in the coming year. In fact, with Congress “mired in perpetual partisan gridlock,” a result has been that “the real policy action … has shifted to the states” according to Editor Rich...

This Is Real Law. True Crime: Examining the Scourge of Wage Theft in America

Withholding of earned pay occurs frequently across the country—at a time, as The Atlantic reported recently, when American families are already “grappling with stagnant wage growth,” and, since the Great Recession struck in 2007, “the median wage for people between the ages of...

This Is Real Law: Looking Ahead: Regulatory Risks for Financial Institutions in 2015

There is a growing acceptance of regulations affecting the financial industry—and, after a protracted period of upheaval stemming from Dodd-Frank and the creation of the Consumer Financial Protection Bureau, there is a reasonably clear sense of what needs to be done in the year ahead. Read the...

This Is Real Law. Best Practices: Five Critical Tasks to Thoroughly Vet Expert Witnesses

It’s not always clear what the best practices are for ensuring that those who provide guidance or testify are the right people for the role—or whether they can perform as effectively as one would hope. Will they be persuasive in a case, or a liability? To answer that question, attorneys need...

This is Real Law. Open for Business: Pressures Mount on Financial Institutions to Meet Their Compliance Obligations

For organizations and businesses, regulators and other public bodies usually set the rules establishing what transparency means—and why it is desired or necessary. Those rules acknowledge a need for consistency and fairness in their application, but they also suggest something else: transparency...

This Is Real Law. Best Practices: Six Critical Tasks for Succeeding in Medical Malpractice Cases

Transactional or litigation checklists are common in law firms, for the simple reason they make it easier to remember what needs to be done in a specific set of circumstances, and allow attorneys and their staff to focus on providing value at each step. But for those lists to be truly meaningful, attorneys...

This Is Real Law: State Ballot Measures

With just days to go before the 2014 mid-term elections, voters across the country are weighing important choices affecting all 435 seats in the United States House of Representatives and 33 of the 100 seats in the United States Senate. That’s in addition to considering 38 governorships and 50...

This Is Real Law. Under Pressure: Mass Copyright Infringement Actions Face New Challenges

Online piracy of copyrighted works isn’t going away soon. There are just too many reasons why downloading digital content by various means remains attractive to people. For one thing, it fulfills a basic need in our time: instant gratification. It’s also incredibly easy to do. Even better...

This Is Real Law. Special Edition: The Banking Law Journal Marks 125 Years of Continuous Publication

Thomas B. Paton saw an opportunity, and seized it. In 1889, after five years as an editor with Rhode’s Journal of Banking , he looked upon a landscape of evolving legal and regulatory issues that affected the banking industry and realized there was a need for a national publication devoted specifically...

This Is Real Law. Round Two: TILA-RESPA Disclosure Integration Rule Presents Fresh Challenges to Banks

Here we go again. That sentiment—or one close to it—is surely on the minds of many in financial institutions across the country. The reason: After a grueling race to prepare for sweeping changes to the mortgage industry that took effect at the beginning of 2014, bank executives and their...

This Is Real Law. Green Side Up: The Current State of Renewable Energy Mandates.

Mandates to implement renewable energy initiatives are in effect across the country. Those measures already affect many in the legal profession, but they are poised to attract even greater attention as states in particular forge ahead with plans to make green energy a greater part of the country’s...

This Is Real Law. Invisible Ink: The Hidden Clause in Many International Sales Contracts

More U.S. businesses are potentially exposed to a risk that is barely known, and much less understood, by those that engage in international trade. Specifically, since the 1980s, the United States has been a signatory to a multilateral treaty that governs a broad range of global transactions. And according...

This Is Real Law. Known Knowns and Unknowns: The Future of Securities Class Actions

The Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. could easily be regarded as one of those cases that results in things that we now know we know, along with some things that we know we don’t know and, in all likelihood, things that are yet to be revealed....

This is Real Law. Invisible Ink: The Hidden Clause in Many International Sales

There’s good news—and cause for concern—in recent numbers about the U.S. economy. On a positive note, the Export-Import Bank of the United States reported in early June 2014, that the country’s exporting performance was continuing to show signs of recovery. According to data released...

This Is Real Law. The Future of Law Librarianship: An Interview with Mike Timpani

Technology is changing the role of law librarians. That reality recently prompted LexisNexis to hold a Twitter® contest asking law librarians 10 questions about their profession for the chance to win a trip to the Presidential Library of their choice. We received many insightful answers from law...

This Is Real Law: Anything Goes: Arguing for—and Against—Medical Malpractice Caps

Understanding cycles is important when making predictions. That’s true of weather events, but it can also apply to many political and legal issues. The debate surrounding caps on awards in medical malpractice cases, for example, seems to follow a normal ebb and flow. In states that have enacted...

This Is Real Law. Ready for Anything: Adopting a Winning Strategy for ACA Compliance

Preparing for every contingency can be adopted in a variety of circumstances, particularly when complying with complex new regulatory frameworks. Read the full article >>

This Is Real Law. Alt-currency: What Bitcoin Means for Banking

Launched on the Internet just a little more than five years ago by an individual or group of individuals known by the pseudonym Satoshi Nakamoto, Bitcoin has been hailed as a complete reimagining of international finance, something that breaks down barriers between countries and frees currencies from...

This Is Real Law. Back to Basics: Focusing on Patent Quality to Fight Patent Trolls

Patent reform has been a priority of the Obama administration, and real strides have been made to correct some serious faults with the current system. In particular, through various executive orders, measures have been introduced to address legislative gaps that continue to encourage patent trolls. ...

This Is Real Law. In Case You Missed It: Preparing for Proposed Amendments to the FRCP (March 20, 2014)

Like at most trade conventions, LegalTech® New York 2014 offered its share of novelties. For LexisNexis, the event provided an opportunity to host an inaugural series of Google+™ Hangouts™, the first of which featured two legal “trailblazers” responding to questions concerning...