Bøger udgivet af American Bar Association

Anyone involved with patent searching and risk management requires the proper tools and methodology to successfully avoid patent infringement. Patent Freedom to Operate Searches, Opinions, Techniques, and Studies is designed to build the necessary competencies, techniques, and best practices. Addressing a wide range of topics, this book covers: conducting and organizing freedom-to-operate studies to obtain actionable data; analyzing the results of those searches; developing appropriate risk management strategies; and preserving the information and analysis in order to be fully protected in the future. Everyone from in-house and private practice attorneys to businesspeople, non-lawyer patent professionals, engineers, and academics will find utility in this thorough and accessible resource.

A respected legal resource, this is a comprehensive, one-of-a-kind guide that assists lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children. This updated edition incorporates the hundreds of new legal decisions since the last edition, including the impact of the recent Department of Interior's ICWA regulations and two critical Supreme Court decisions. The book examines case law from courts around the country -- this is an issue not confined to reservations and their border towns. The authors, who each command extensive practical experience with ICWA and working with Native American legal issues, explain the history and foundation of the act, how it is applied and what provisions are covered, and its jurisdictional, procedural, and placement provisions. They also address collateral challenges to ICWA determinations and funding of ICWA programs.

The Shield of Silence looks at the culture of the workplace and its impact on women and other groups who bear the impact of sexual harassment, bullying, lewd and inappropriate remarks, and other behaviors that can negatively impact the experiences of people each day.

Small steps can lead to big changes. For lawyers who want to improve their career, Building a Better Law Practice: Become a Better Lawyer in Five Minutes a Day is full of these small steps. A few minutes a day with this easy-to-read guide will help put you on the right path to growing your career

Nonprofit Law provides lawyers who represent nonprofit organizations with basic information and guidance on legal issues that commonly arise for nonprofits. It provides an overview of the law with regard to particular issues with limited statutory and regulatory citations. This resource covers the formation, tax, governance, and documentation, as well as other areas including mergers and sale of assets of nonprofits, and dissolution of nonprofits. For lawyers who need a quick reference, this guide:Reviews some basic questions an attorney should ask a client when advising on nonprofit issues, whether the attorney is asked to help form a new nonprofit corporation or advise on some other nonprofit matterAddresses issues relating to formation and describes important documents that are part of the formation process, including articles of incorporation and bylawsDiscusses taxation issues with a focus on the types of federal tax exemptions that are available under the Internal Revenue CodeAddresses governance matters and describes the individuals involved in the governance of a nonprofit corporation as well as the fiduciary duties imposed on the board of directorsFocuses on other matters that often arise in representation of a nonprofit and includes discussion on subsidiaries of nonprofits, the merger, sale of assets and other entity combinations involving nonprofits, and dissolution of nonprofitsAnd much moreThe appendices include a checklist for articles of incorporation and bylaws, a list of tax exemptions under the Internal Revenue Code, as well as resource materials that can provide more detailed information on the subject matter.

No-fault insurance fraud amounts to a significant fraud tax on consumers, estimated at billions of dollars each year. Currently, twelve states have a no-fault law, and while there are considerable variations among the no-fault laws in each of these states, they can broadly be classified by the degree to which the respective systems permit or abolish tort liability, and the type of threshold an injured party must meet before tort liability is permitted. Written by practitioners who have tried hundreds of no-fault anti-fraud cases, this book provides a general and practice-focused guide from the perspective of a plaintiff-insurer. The authors explain how to identify corporate structure fraud as well as fraud involving medically unnecessary services, kickbacks, or illusory services. Subsequent chapters address the critical issues involved once an anti-fraud insurance case is initiated, including selecting the defendants and the venue, preparing the complaint, motions to dismiss, counterclaims, discovery, provisional remedies, and settlements, summary judgments, and trial.

Being Heard: Presentation Skills for Attorneys consolidates the most helpful and effective tips of the trade in order for you and your staff to become better public speakers.

It's a difficult world for law firms these days, with increasing client demands, and competition, and the distractions of constant changes in technology. This first-of-its-kind book employs elements of the graphic novel to teach business lessons to lawyers. Following the story of an attorney who becomes responsible for saving a small law firm, as his mentor imparts the lean techniques that transformed his factory from the brink of bankruptcy to new heights of profitability. As the story in The Lean Law Firm unfolds, it's easy to see how your own firm is just a manageable system that can be analyzed and optimized. The authors provide an immediately usable template for making that system lean and efficient, with results that can be measured not only in financial benefits, but in a renewed enthusiasm for running your firm. And, from this new understanding you'll reap not only financial benefits, but a renewed enthusiasm for running your firm.

Advising the Small Business is a valuable guide for general practitioners, small firm attorneys, and young lawyers engaged in providing legal counsel to small, privately held businesses.

A Lawyer's Guide to Estate Planning: Fundamentals for the Legal Practitioner, Fourth Edition is full of helpful information on all aspects of estate planning to ease any attorney through the process.

This is a valuable guide to help understand effective voir dire and jury selection strategies, and then to adapt these strategies to the unique circumstances faced in trial jurisdictions.

This book is a companion book to Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury, Fourth Edition.

Internal Corporate Investigations, Fourth Edition, provides step-by-step guidance for conducting an internal investigation, which can pose a potential risk for your company and yourself if not done correctly.

The ABCs of Arbitrage 2018 translates extraordinary complex information into terms that everyone from the consummate tax professional to beginners can easily understand.

Many firms take it on faith that there's only one way to attract and retain top talent and motivate peak performance: Ever-rising salaries. But has it worked? Firms' hyper-competitive cultures, complaints of growing incivility and demoralization, a diversity crisis at the top, and a revolving door of talent suggest that it's time to try something new. Positive Professionals is a practical handbook of science-backed strategies to foster full engagement by enhancing people's experience of meaningful work, of feeling valued and valuable, and of growing and developing. Skeptical of a new approach? That's natural. But it has science on its side. The book's well-researched business case convincingly shows that greater engagement boosts not only individual well-being but also profitability, productivity, performance, retention of talent, and client satisfaction.

This book will accelerate your growth as a manager of lawyers and legal professionals. It is a handbook you can turn to if you're in a position of authority or as you gradually assume greater managerial responsibilities. It's a comprehensive and practical guide that includes the checklists, charts, and resources attorneys and managers need to lead thriving and resilient firms.

This book is, in essence, a step-by-step roadmap of everything you need to know about the financial aspects of divorce. It is a great resource to initiate self-empowerment and take control over your divorce.

Providing a clear explanation of the complex state-based regulatory system that governs the U.S. insurance industry, this guide presents the applicable statutes, regulations, and judicial decisions. In addition, it discusses the industry's products, operating procedures, distribution channels, and financial characteristics and performance. To round out the picture, it describes the core objectives of the regulatory process, how and by whom policy is formulated, and how the rules are enforced. Topics include: limits of state authority and the impact on competition; rate setting; solvency regulation; secondary and alternative markets; consumer protection; preemption under the McCarran-Ferguson Act; health insurance; the NAIC and the future of insurance regulation.

While most books covering wildlife law include a survey of international laws, this book takes a different approach. Looking closely not only on the legal issues involved but also on compelling ethical and moral issues, this book is a thoughtful guide for attorneys and laypeople alike. Chapters are framed around specific issues, including species extinction, illegal wildlife trade, exploitation of the world's oceans, and wild animals in captivity, and include case studies. Wild animals, unlike companion animals, are usually in distant lands or public parks, making our ability to help seem beyond reach. After reading this book, no one should see his or her role in wildlife protection as limited or nonexistent. By understanding the issues and the laws, it is clear how the products we buy, the entertainment we choose, and the votes we cast have a direct impact on wildlife and the environment.

Federal Government Construction Contracts, Third Edition provides an invaluable guide through the myriad of federal government contract regulations, clauses, and case law can present problems and pitfalls for nongovernment contract practitioners.

Starting a specialized law practice always presents its own unique considerations, and the decision to begin or enhance an assisted reproduction technology law practice requires exceptional analysis, creativity, and focus. This book is a is a complete "how-to" for understanding and mastering the elements of an Assisted Reproduction Technology (ART) legal practice. Written by practitioners who each were in the forefront of creating a legal practice focused on ART law, the authors share the insights they've gained and discuss all aspects of starting or enhancing a practice in this area, from the unique marketing and networking issues involved to the specific questions your clients are most likely to need answers to. They discuss drafting the surrogacy and gestational carrier agreements in detail and share valuable, practice-tested documents, including a sample retainer agreement, sample ART agreement with commentary, affidavits, checklists, glossary, and more.

Trust Accounting in One Hour for Lawyers is a practical how-to book that will guide you quickly from opening your lawyer trust account to properly using it and providing accurate, timely accountings to your clients. In this book, author Sheila M. Blackford, an experienced practice management advisor, shares common sense advice to help busy lawyers and their staff safely and sanely adopt best practices and avoid ethical violations.

This updated 5th edition of the ABA bestseller follows the entire divorce case process, from client interviews, to negotiations and mediations to trial practice, and provides over 500 documents to efficiently take clients through every step of divorce practice.

This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by ¿breaking the bias habit.¿

In this substantially revised edition of The Supreme Court's Federal Tax Jurisprudence, the author, Jack Cummings, continues his in-depth analysis of United States Supreme Court tax opinions using an approach not attempted by any other writer in the area of tax publishing.

A current guidebook to the cases and issues that are central to litigating under CERCLA, this book analyzes key issues primarily from the perspective of the PRPs (potentially responsible parties) who are involved with Superfund claims and litigation. An experienced attorney who specializes in this area of law, author Peter L. Gray also describes current and evolving regulations, guidance and judicial interpretations to assist the CERCLA practitioner, and includes "practice tips" offering deeper insights into key litigation issues. Topics covered include: government response authority under Section 104; remedy selection standards and procedures; abatement authority; liability issues, including causation, defenses, and types of recoverable costs; settlement; judicial review; insurance and bankruptcy; and more.

Reading this book will help you understand how to work the patent system to your advantage, and how to work effectively with the patent attorney who will represent you.

This book will find a wide appeal for those planning their retirement, and professionals who work with retiring clients, including accountants, investment advisors, and attorneys, with its simple step-by-step approach as well as more than 75 checklists, forms, and planning templates.

This highly regarded guidebook covers open-end funds (typically referred to as mutual funds), closed-end funds and exchange-traded funds. It is intended to assist directors of investment companies registered under the Investment Company Act of 1940 in fulfilling their responsibilities.

Written specifically to help lawyers and non-lawyers brush up on franchise law, this respected publication - now in its fourth edition - is charged with useful definitions, practical tips, and expert advice from experienced franchise law practitioners. This practical guide examines franchise law from a wide-range of experiences and viewpoints. Each chapter is written by two experienced practitioners to provide a well-rounded guide to the fundamentals of franchise law and key issues in the practice, including trademark law; structuring the franchise relationship; disclosure issues; registration; franchise relationship laws; antitrust law; counseling franchisees; and more.