Bøger udgivet af American Bar Association

Explains to readers what the profession of selling is really about and how to succeed beyond their imagination.

Model Rules of Professional Conduct, 2024 Edition, is the resource for currentinformation on lawyer ethics. Federal, state, and local courts in all jurisdictionslook to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and muchmore. The Rules, with some variations, have been adopted in50 jurisdictions. Federal, state, and local courts in all jurisdictions look tothe Rules for guidance in resolving lawyer malpractice cases, disciplinaryactions, disqualification issues, sanctions questions, and much more. The Model Rules of Professional Conduct areintended to serve as a national framework for implementation of standards ofprofessional conduct.

Part of the popular series from the ABA Intellectual Property Law Section, this updated monograph is an excellent resource to give clients or for anyone who would like to learn more about trademarks and the law.This concise book covers these issues and more: The nature of a trademarkTrademark distinction requirementsTrademark registrationHow to use a trademarkTrademarks as propertyTrademark infringement

Arbitration, a cornerstone of dispute resolution, has witnessed a profound transformation in recent years, impacting all sectors. Businesses have embraced arbitration for its privacy, speed, and the expertise it offers in resolving intricate disputes. The Arbitration Conversation underscores the significance of arbitration, especially in contexts where specialist arbitrators are needed, or business secrets must be safeguarded. It delves into the nuances of arbitration for international parties seeking neutral forums, underpinned by the New York Convention's enforceable awards. It also notes the benefits and pitfalls of arbitration in more controversial areas like business-to-consumer and employment contracts.The Arbitration Conversation also sheds unique light on the emergence of online arbitration (OArb), catalyzed by the COVID-19 pandemic and advancements in technology. OArb leverages technology to streamline processes, sometimes offering parties a convenient and cost-effective alternative to in-person arbitration. The text explores OArb's promise and pitfalls, including discussion of AI, blockchain, and the metaverse in arbitration. The book also includes an appendix of OArb protocols that have developed in recent years, as well as providing guidance for arbitrators and arbitration counsel navigating this technological shift, addressing concerns such as cybersecurity and uneven access to technology.Throughout its pages, The Arbitration Conversation underscores the importance of arbitration as a versatile problem-solving tool. It highlights wisdom learned from seasoned arbitrators, as well as newer voices in arbitration, focused on using arbitration in a flexible manner to help parties achieve their dispute resolution goals. The lessons learned from interviews with experts in various arbitration contexts provide fresh perspective, emphasizing the ever-changing nature of arbitration and the critical role of technology in shaping its future.For educators and instructors in dispute resolution, the book offers insights into engaging students in virtual learning environments, as well as the challenges and opportunities presented by online legal procedures. The book also can serve as a guide for educators using The Arbitration Conversation videos and podcasts for class exercises. Accordingly, the book also includes an appendix with an index of the free videos and topics covered.This book is a must-have for dispute resolution practitioners, students, teachers, and anyone interested in taking a peak behind the privacy curtain of arbitration.

A fundamental assumption of court administration since its creation as a profession has been the inevitability of growth. There will always be more cases. This will require ever larger courthouses, more judges, more staff, newer technology, and larger budgets. But what does recent history tell us about civil filings?What Is Happening to State Trial Court Civil Filings?: The Unsolved Riddles reviews the experience of five states over the last 16-41 years. The findings are confounding and perplexing. Civil filings are not inexorably rising. There was a surge around the Great Recession, but civil case filing levels in state trial courts are at or below levels 20 years ago. Per capita filings have dropped more steeply. Per capita civil case filing levels vary widely, both within states and across states, and cannot be predicted from population levels. Legislative changes affecting court jurisdiction and procedures, such as increasing the limit of the amount in controversy in small claims court, seldom have the expected effect. Case management programs have unintended consequences. Efforts to assist unrepresented litigants have not reversed the decline in small claims filings. State trial courts need to identify more relevant case type categories, track filings levels in greater detail, and pay attention to the impact of legal and procedural changes on filing levels. Finally, courts should realize that filings are a valuable performance measure of public trust and confidence in the judiciary.

The Guidebook replaces Managing Closely Held Corporations: A Legal Guidebook, published in 2003. Given the time lapse, this new edition is thoroughly updated with new added topics that have emerged in the last two decades. Prepared by the Corporate Laws Committee, the Guidebook provides basic concepts of a closely held corporation and identifies the characteristics that are fundamentally different from publicly held businesses.Unique from other resources on the subject, the Guidebook covers: The special concerns and challenges involved in closely held corporationsLegal concerns of directors, officers, and shareholders as they hold a much greater congruency of decision-making and risk-taking in a closely held corporationThe law of corporate governance - the legal rules relating to the respective powers and duties of directors, officers, and shareholdersThe articles of incorporation and bylaws of the corporationThe importance and flexibility of private ordering to address the bespoke nature of many closely held corporate governance structures, including the use of particular provisions in the governing documents to alter the statutory default rules for corporate governanceMergers, asset sales, and entity changesBuy-sell agreements and transfer restrictionsCorporate record-keeping requirements and directors' rights with respect to a corporation's books and recordsAnd more.This book was published on 6/16/2023.

Understanding the financial privacy and data security landscape in the U.S. involves following a moving target as the landscape is continually changing. To appropriately advise clients on these issues, it is necessary to stay on top of the ever-changing legal, regulatory, and industry developments that impact data protection issues. This practical and user-friendly resource provides a basic understanding of major data protection laws and regulations relevant to the U.S. financial sector and guides you on where and how to seek further information.To help you tackle and untangle the intricacies of this evolving area of the law, this book includes practice tips and historical perspectives outlining relevant information. The book discusses: Fundamental concepts and terminologyU.S. data protection frameworkNavigating and evaluating the requirements and risksThe landscape of the major fedral laws - GLBA, FCRA, and RFPA - as well as relevant state analoguesUDA(A)P and general consumer protection laws and other data protection lawsIndustry standards and initiatives, which can be helpful sources for best practices, information sharing, and peer benchmarkingLaws, regulations, and risk considerations relevant to incident responseAnd more!This book was published on 07/06/2023

Sustainability and ESG have become essential factors to doing business in the modern world. ESG's objectives cover a broad spectrum of issues, such as reducing the emissions of carbon and other toxic wastes; human-rights abuses; and promoting and ensuring fair labor practices. ESG also addresses and prioritizes diversity and inclusion.This practical and useful guide defines, explains, and supports the implementation of a business centric approach to ESG for the corporation. Written by practice leaders and lawyers, this guide identifies critical issues for investors, stakeholders, and counsel to fully understand the actions - and consequences - when it comes to implementing ESG policies. The creation of a more sustainable corporation will ultimately be less reliant on unsustainable practices and, with the support of its suppliers, will be more adept in responding to a rapidly changing world and marketplace.To help legal professionals and their clients stay informed about developments in this ever-evolving field, this resource covers: Defining ESG and the drivers behind the ESG movementESG investment strategiesESG in supply chain and labor practicesDeveloping and implementing an effective ESG programESG marketing, disclosure factorsPrivacy considerations for ESG, non-financial disclosure, and regulated disclosureAnd more!This book was published on 6/9/2023.

With A Manual of Style for Contract Drafting, Kenneth A. Adams has created a uniquely in-depth survey of the building blocks of contract language. First published in 2004, it offers those who draft, review, negotiate, or interpret contracts an alternative to the dysfunction of traditional contract language and the inertia and flawed conventional wisdome that perpetuate it. This manual has become a vital resource throughout the legal profession, in the United States and internationally.This fifth edition contains more than 70 pages of new materials addressing many topics, making it even more authoritative and essential. The rest of the text reflects many adjustments. This manual's focus remains how to express contract terms in prose that is free of the archaisms, redundancies, ambiguities, and other problems that afflict traditional contract language. With exceptional analysis and an unmatched level of practical detail, Ken highlights common sources of confusion and recommends clearer and more concise alternatives. This manual is organized to facilitate easy reference, and it illustrates its analysis with numerous examples. Consult it to save time in drafting and negotiation and to reduce the risk of dispute.This book was published on 02/08/2023.

Social impact investing generates a positive social and environmental impact on the underserved. To provide valuable guidance, this resource educates lawyers and other professionals on community stakeholders' needs and lawyers' roles in impact investment deals, while providing practice tips for a range of legal issues in developing and executing diverse investment strategies.Leading experts discuss the current moment's charge to stem the economic losses in communities and build new, equitable economic systems. Comprehensive and accessible, this book: explores international lessons and modelsintegrates a brief history of the CED movement and the rise of impact investingdiscusses current CED and impact investing tools that utilize public - private partnershipsdiscusses the purpose and structure of Social Impact Bonds (SIBs)highlights state and local government policies to support directing capital to meet needs of underserved communitiesaddresses the importance of community-driven financing tools, the role of individual investors in shaping strong local communities, and the SEC's laws and regulations governing community capital raisingilluminates the importance of people-powered local interventionsdescribes strategies for community ownership that shift governance and ownership to low-income communities and communities of colorprovides concrete recommendations to investors and their lawyers to accelerate transformative finance workand more!This book was published on 02/22/2023.

This book provides an actionable roadmap for leaders to enhance client-centricity, shift mindsets, and create the right teaming climate so that a culture of collaboration, innovation, and inclusivity can thrive. Derived from over 280 interviews with senior executives in professional services and their clients--along with hands on experience leading hundreds of multidisciplinary teams on innovation journeys--Professor DeStefano reveals the path to successful collaboration and innovation efforts in professional services, including how to avoid the pitfalls that lead to failure.

"This book is about the intersection of intellectual property (IP) law and antitrust law"--

Circuits can vary significantly in their approach to substantive and procedural ERISA issues. In this comprehensive book designed as a resource for litigators and clients with matters governed by the Employee Retirement Income Security Act (ERISA), the authors have set forth, by federal circuit, a description of major issues in ERISA litigation and case authority governing those issues in each circuit. Each chapter contains a detailed review of the following topics: How the circuit determines if an ERISA plan governs the disputeERISA preemption of state lawExhaustion of administrative remediesStandard of review of an administrator's decisionRules of plan interpretationDiscovery in ERISA casesThe scope of admissible evidence in ERISA casesProcedural aspects of ERISA mattersAvailable remedies, andFiduciary liability claims.The 2024 edition of ERISA Survey of Federal Circuits is also revised to include an updated discussion of the most recent and leading ERISA cases by circuit pertaining to the fiduciary exception to the attorney-client privilege, procedures for adjudicating ERISA claims, standards for recovery of attorneys' fees, statutes of limitation, ERISA regulations and litigation over subrogation and reimbursement rights.The book provides an easy desktop resource for frequent ERISA litigators, those practitioners who simply need a recitation of current case authority on a particular point or in-house counsel who need to know how a court in a particular circuit will determine a thorny ERISA litigation issue.

"This book is a collection of voices that persist in a profession that still lags behind in hearing them. We share these stories because the profession is enriched by the stories and the lawyers who tell them. This book is a form of virtual mentoring to build up the next generation of woman advocates so that they, too, may add their stories. In this book, we provide information about the status of women in the legal profession, and stories about identifying and overcoming bias and the hidden hazards in the practice of law, for men and women, while addressing the business of law. The stories in this book then go on to explain the value of being true to ourselves, establishing unique career paths, and finding guideposts and beacons to help enlighten us along the way to success"--

"The Internal Revenue Code provisions relating to the historic tax credit are complex and present many traps for the unwary. This book will help owners, investors, syndicators, lenders, and their advisors navigate the technical provisions to structure a project that will comply with the IRS guidelines and appliable judicial decisions." --

"Federal income, estate, and gift tax consequences of marital separation and divorce"--

"This book provides its readers with an overview of the construction project, offering a step-by-step primer to understand how the construction project flows from the initial design until the final project "close-out." It focuses on the contractual aspects of the construction project - the paperwork, the process and the unique terms encountered in the project-related documents. The objective of this book is to provide its reader a clearer understanding of the people and paperwork involved in a bonded construction project, which may serve as a handy resource for anyone approaching a construction project for the first time." --

Chapters 2-8 and Chapter 12 are available online only as PDFs [https://ambar.org/ILCI

"An essential guid to agency adjudication"--

"First, the book does what any good legal writing should do: it transmutes an awesomely complex subject into a story more easily readable and understandable. The authors achieve that by explaining about how each element of ESG historically came to be, and thereafter elucidating at the more theoretical level, each element's conceptual underpinnings. Second, the book explains and elucidates, with remarkable depth and breadth, the wide array of disparate subjects that ESG encompasses. Third, most notable is the book's well-organized internal structure, which is designed to provide practitioners what they most need -a practical approach"--

"I learned a great deal about trials from the lawyers that I worked with in the US Attorney's Office that summer, and from many mentors and experiences since. But perhaps the most important thing I learned, is that if one really wants to be a trial lawyer, it's just not something that can be learned from a book, or in a classroom. Certainly, those things can help, and I have been fortunate to teach trial practice courses at Harvard and elsewhere around the world. But true trial practice comes mostly from watching, listening, asking questions, practicing, and doing it-with all of the triumphs and tragedies that go along with trial work. Nowhere is the phrase "practicing law" more accurate than in trial work, where we spend a lifetime learning and practicing, on a journey without an endpoint"--

"A handbook to be used as a desk reference for a paralegal"--

"A desk book for issues at the intersection of the FCA and federal government contracting"--

The Financial Institution Bond and Commercial Crime Policy: Principles and Annotations, is a brand new publication that combines into one book the two most popular and useful fidelity books ever published by the ABA - Annotated Financial Institution Bond and Annotated Commercial Crime Insurance Policy. The ambitious combination of these two books into a single, must-have encyclopedia of fidelity law is the result of scholarly contributions from more than four dozen experienced practitioners. It provides lawyers and insurance professionals with a single-volume reference that addresses the legal treatment of both the financial institution bond and commercial crime policy in all federal and state courts, the District of Columbia, Puerto Rico, and the Virgin Islands, making it a key research tool and reference book for every practitioner.The book provides concise and informative summaries of the most important cases addressing key parts of the most-used fidelity insurance policy forms in the industry, along with an introduction and scholarly comments about the provisions. For every-day issues, developing modern issues, and a comprehensive treatment of the provisions of these instruments, Principles and Annotations is a must-have book.

"This book is intended as a high-level guide to aid in understanding and navigating business inclusion programs and laws in government contracting at the federal, state, and local levels of government"--

"The proceedings of the first-ever National Vaccine Law Conference"--

"This book is intended to provide the information you need to adjust your own personal style to a complex construction arbitration. It covers what you need to know but is not a step-by-step guide, since every case, and every lawyer, is different"--

This book represents the cutting edge of physician law. The publication emanates from the American Bar Association Health Law Section's 2023 Physicians Legal Issues Conference. The conference and Physician Law: Evolving Trends & Hot Topics have been produced in conjunction with the Chicago Medical Society and the American Medical Association, tailored to an audience including physicians, lawyers, healthcare administrators, and other healthcare business people. The book includes ten peer-reviewed chapters on core physician-centric legal topics: 1) Entrepreneurial Medicine (including fraud and abuse risk areas); 2) Physician-Hospital Contracting; 3) Medical Professional Liability; 4) Telemedicine; 5) HIPAA Compliance; 6) Accountable Care Organizations; 7) Doctors' Defense in Medical Staff Hearings and Appeals; 8) Physician Well-Being; 9) Medicare and Medicaid Contractors; and 10) Physician Employment Contracts from the Physician Perspective. Physicians will especially benefit from the content that addresses a broad range of non-clinical topics that are currently transforming American healthcare. The chapters target issues that are not typically covered in most medically orientd volumes but nonetheless are critically important in the practice of medicine. Physician Law: Evolving Trends & Hot Topics is an excellent reference for clinicians and professionals who want to stay abreast of current legal and regulatory issues impacting their practice.

"This book focuses on the following aspects of representation regarding a premarital or postmarital agreement: The law of validity and the steps to create a valid agreement; The ethical components and the practical techniques of negotiating the terms of the agreement; Post-marriage issues; and the content of the agreement and drafting techniques to carry out the objectives of the client"--