LexisNexis®

Information ProfessionalupdateThe newsletter specifically designed for legal information professionals

ISSUE JANUARY 20101

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Spotlight on Discover Exactly What Happened Before the Opinion Was Released!LexisNexis® Briefs, Pleading & Motions Show the Chain of Events . . . . . . 10:002

Here’s How to Mine Class Actions for Emerging Issues Positions . . 10:003

Did You Know … Brief Collection is Integrated Throughout lexis.com® for You? . . 10:004

FYi FlaShGet Legal Guidance for Managing Troubled Commercial Real Estate Loans . . . . . . . . . . . .10:004

librarian to librarianSay Bye-Bye to “Normal” . . .Next Decade to Bring Us Opportunity Cloaked in Change . . . . . . . . . . . . . . . . 10:005

For ipS onlY Best Practices Conference Coming in February . . . . . . . . . . 10:006

Law Librarian Webinar Series Premieres at InfoPro Site . . . . . . 10:007

Special notice An Open Letter to LexisNexis Subscribers Regarding 2010 Pricing . . . . . . 10:008

Today’s Controversial Class Actions Hold the Key to Tomorrow’s Winning ArgumentsThe class torts making news today may offer the key to unlocking issues in future litigation . Resolve for 2010 to help your legal professionals tap this storehouse of expertise and use it to their advantage .

LexisNexis Briefs, Pleadings & Motions collection can provide vital intelligence for developing litigation arguments in cases with similar issues . They can give your attorneys deep insights into the deductive abilities of opposing counsel and into compelling arguments from similar cases . They present the behind-the-scenes story by providing critical details that never make the reported opinions . They may even offer that specialized model for drafting .

Plus the briefs, pleadings, motions and other court filings from the most noteworthy class actions of 2009 may give your practitioners a window into emerging issues and evolving precedent that could affect their most important clients/stakeholders .

Because of their value, LexisNexis continuously compiles these “noteworthy case” filings into special groups you can select right from the lexis.com® Court Records, Briefs and Filings tab . No case-name search is necessary . Currently find filings from:• In re Chinese-Manufactured Drywall Products Liability Litigation, regarding

allegations that drywall products manufactured in China are defective and are responsible for asbestos-related damages;

• In re Blackwater, alleging that Blackwater’s CEO and employees committed a variety of crimes against the people of Iraq;

• United States v. Madoff and Related Litigation, in which it is alleged that a multi-billion dollar Ponzi scheme was perpetrated against investors; and

• In re Katrina Canal Breaches Consolidated Litigation, which alleged that the U .S . Army Corps of Engineers’ negligence was a substantial cause for the levee breach and subsequent catastrophic flooding in the Mississippi River Gulf Outlet .

Plus find a collection of Briefs, Pleadings & Motions from U .S . patent cases pertaining to the Markman standards for claim construction/claim interpretation.

Noteworthy case filing groups are only one slice of the LexisNexis Briefs, Pleadings & Motions collection—now nearly one million documents selected by LexisNexis editors .

Look for more details and searching tips for LexisNexis Briefs, Pleading & Motions on page 10:002

Be an E-Subscriber!LexisNexis® Information

Professional Update! Go to http://law.lexisnexis.com/

infopro/updateprofile.aspx

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Spotlight on

Discover Exactly What Happened Before the Opinion Was Released!LexisNexis® Briefs, Pleading & Motions Show the Chain of EventsLearn how other attorneys have argued their positions . Find drafting templates specifically tailored to particular situations . Investigate experts, judges, opponents and more . The LexisNexis Briefs, Pleadings & Motions collection1 of nearly one million significant filings include:• OnlytheSubstantive!This is not

a collection of every filing of every case, no matter how insignificant . In-depth customer interviews stressed that practitioners needed filings from only the most important and influential cases, such as appellate briefs, outcome-determinative motions, complaints, and motions to dismiss and to exclude witness evidence . Customers also requested only the most recent cases—from 2000 forward—to ensure they’re not dealing with outdated arguments and legal concepts .

• PDFImagesandMore:Link to PDF images of original source documents . Also view electronic photocopies of the documents filed with the courts to clarify document text, share with colleagues and attach as exhibits . Plus, attachment references in filings (e .g ., “See Exhibit in Original,” illustrations, appendices, diagrams or addendums, etc .), are available in the PDF image file and can be viewed on a transactional basis . (Your users will see the $ next to the content listing .)

• LinksBetweenRelatedBriefs,Pleadings & Motions: Navigate from one related document to others, seeing the entire chain of litigation events . (Related links will display only if more than one document is in the results set .) Click on any link found under VIEW OTHER AVAILABLE CONTENT RELATED TO THIS DOCUMENT . Move to a cite list of related documents . There is no charge to retrieve this cite list .

continued on page 10:004

1 LexisNexis Briefs, Pleadings & Motions may not be available to all government subscribers .

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Here’s How to Mine Class Actions for Emerging Issues PositionsThe latest class actions are changing practice—and often precedent—as they evolve . Some of the cutting-edge, unique issues they analyze haven’t been addressed in traditional legal-research sources, such as treatises and law reviews .

But you can find discussions on these topics—and pinpoint certain document types or filings regarding specific parties, from specific counsel and more .

For example, in the fourth quarter of 2009, in In re Katrina Canal Breaches Consolidated Litigation, the court held that, while a class action against the United States could be maintained against it under the Federal Tort Claims Act (FTCA), the private contractors that dredged the Mississippi River Gulf Outlet are entitled to government-contractor immunity .

All available Briefs, Pleadings & Motions from this case are already compiled for you . Just select Court Records, Briefs and Filings on the main lexis.com Legal tab .

Noteworthy filing compilations are right at the top of the screen . For example, select In re Katrina Canal Breaches Consolidated Litigation. Then you can research the compilation in a variety of ways:

Search by topic of interest, e .g ., details from filings concerning the various contractor defendants involved in levee dredging:SOURCE: In re Katrina Canal Breaches Consolidated Litigation Briefs Pleadings SEARCH: dredg! /5 defendant

To find discussions about a particular company, ENTER: manson construction

You can narrow your search to specific document types, e .g ., complaints, with the DOCUMENT-TYPE segment:SOURCE: In re Katrina Canal Breaches

Consolidated Litigation SEARCH: DOCUMENT-TYPE(complaint)

AND federal torts claim act OR ftca OR 28 /5 1346

Cover all available Briefs, Pleadings & Motions from the class action in one search!

You can also use segments to zero in on documents mentioning a specific EXPERT-NAME, filed by specific COUNSEL (attorney or firm), DOCKET NUMBER— even documents with specific words in the TITLE, e .g .:SOURCE: In re Katrina Canal Breaches

Consolidated Litigation SEARCH: title(class action)

Also use the TITLE segment to find specific filings where a company is a party .

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Did You Know … Brief Collection is Integrated Throughout lexis.com® for You?You and your researchers will discover LexisNexis Briefs, Pleadings & Motions when you research with:

• Shepard’s® Citations Service: Shepardize® a case and online court documents that cite to that case will be listed within your Shepard’s report . Beginning in January 2007, LexisNexis started adding court documents as citing references within Shepard’s reports . Find the document references under Court Documents in the Shepard’s Summary . Retrieve the citing reference; just click the link .

• LexisNexis® Total Litigator: Briefs, Pleadings & Motions sources are also an integral part of LexisNexis Total Litigator . Find them on the Research as well as the Draft, File and Serve tabs .

• LexisNexis® Search by Topic: Once you select from more than 6,000 legal topics, you can choose to add LexisNexis Briefs, Pleadings & Motions to your search . Just click to select the appropriate sources .

• CourtLink® Single Search: You search more than 90 million court-filed dockets and documents simultaneously with CourtLink Single Search, including more than 6 .7 million Briefs, Pleadings & Motions from the joint LexisNexis/CourtLink collection . Your results set includes a link to related LexisNexis Briefs, Pleadings & Motions, which you can access for an additional charge .

Spotlight on

• 40,000+ U.S. Supreme Court Briefs: Added to the appropriate Combined Briefs files . Also find “pre-cert” briefs supporting and opposing an appeal to the U .S . Supreme Court . Since the Supreme Court only hears about three percent of the cases appealed, this valuable collection opens the door to insight and research guidance for the vast majority of legal issues not resolved by the Supreme Court .

• ExpertWitnessBriefs,Pleadings&Motions: Find a substantial number of expert witness briefs covering significant legal issues involving challenges to a particular expert’s testimony . Get insights into the standards and arguments used in cases involving admissibility issues in federal and nearly all state courts . Plus find details on experts who are not specifically named in opinions .

• AppellateBriefsfromAllStates:While the LexisNexis collection places the highest priority on states with significant litigation (CA, FL, NY, OH, TX, IL, PA, NJ, GA and DE), you’ll find appellate briefs in target practice areas from all federal and state appellate courts .

• JuryInstructions:Those included are those submitted and actually used during the course of litigation . (The jury instruction collection covers the federal courts and many state courts . And coverage will continue to expand .)

• MoreThan30PracticeAreaGroupings: Zero in on filings from cases concerning major practice areas like Securities, Commercial and Tax or evolving areas like E-discovery and Trademarks & Trade Secrets .

DiscoverExactlyWhat HappenedBeforethe OpinionWasReleased! —continued from 10:002

FYi FlaSh

Get Legal Guidance for ManagingTroubled Commercial Real Estate Loans Coming to the LexisNexis® Store in January! A Guide to Troubled Commercial Real Estate Loans for Lenders and Borrowers will offer highly practical advice for attorneys representing lenders and borrowers who see default ahead . Find options and strategies relating to the range of possible negotiations and proactive steps concerning troubled portfolio loans, including portfolio loans that have been syndicated .

This new work is written by Joshua Stein of Latham & Watkins LLP, one of the foremost practitioners of commercial mortgage law in the country and the author of Stein on New York Commercial Mortgage Transactions (LexisNexis).

Practitioners will find a detailed checklist of questions to ask lenders and borrowers, including questions about timing and goals .

Check the LexisNexis Store at www .lexisnexis .com/store for A Guide to Troubled Commercial Real Estate Loans for Lenders and Borrowers later this month . This publication is available in print and PDF for $75 . Pamphlet information will also be added to lexis.com .

The national default rate for commercial real estate mortgages held by banks and other depository institutions reached 3.4 percent in third quarter 2009—the highest since 1993, when the default rate was 4.1 percent. ... Industry researchers estimate the default rate could hit 4.0 percent for the fourth quarter of 2009, about 5.2 percent by the end of 2010, and peak at 5.3 percent in 2011.

—Reuters News, reported December 1, 2009

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librarian to librarian

Cindy Spohr

Say Bye-Bye to “Normal” . . .

Next Decade to Bring Us Opportunity Cloaked in Changeby Cindy Spohr, Team Lead, LexisNexis Librarian Relations Group

All indicators are pointing to the imperative to be proactive and the ability to demonstrate value. … Of course, the follow-up question is how?

Time® magazine’s cover headline from the December 7, 2009, issue was: The Decade From Hell … and how the next one can be better. In the introduction, the author, AndySerwer, says “Bookended by 9/11 at the start and a financial wipeout at the end, the first 10 years of this century will very likely go down as the most dispiriting and disillusioning decade Americans have lived through in the post-World War II era .”

Depending on individual circumstances, the decade was probably better for some and worse for others than Serwer describes . Even as our economy improves, one thing that we all experienced and will continue to experience is change .

The legal industry certainly felt the impact of the financial crisis at the end of the decade, and it responded with downsizing, deferred start dates, budget reductions and even pay cuts . LexisNexis recently conducted a survey of legal professionals on the future of the legal services industry .2 The study found that:

• 71percentofcorporatecounselrespondedthatlawfirmsarenotdoingenough to respond to current financial pressures on their business model .

• 57percentofcorporatecounselbelievesthebillablehourwillbereplacedbyalternative billing arrangements .

• 52percentofprivatepracticelawyersbelievetherecessionwillpermanentlychange the way law is practiced .

• 65percentoflawschoolstudents(and90percentoflawyers)saythatlawschoolteaches students legal theory, but does not teach the practical business skills needed to practice law in today’s economy .

I think we can safely conclude, if we have not done so already, that we are in for continuous change . Even as the economy is beginning to improve, we cannot expect life to go back to “normal;” in fact, I don’t think “normal” is a concept that we can rely on anymore .

In conjunction, I have found it interesting that leadership skills for law librarians seem to be a consistent theme—the American Association of Law Libraries (AALL) began an annual Leadership Academy for newer law librarians in 2008, and leadership was identified as a current topic for law librarians and was presented at the 2009 LexisNexis Advanced Management for Private Law Librarians (AMPLL) conference . (LexisNexis Senior Librarian Relations Consultant Gayle Lynn-Nelson wrote an article based on the AMPLL presentation . Find it on the LexisNexis InfoPro Web site at http://law .lexisnexis .com/infopro/Librarian-Relations-Group/Monthly-Columns/archive12-2009) . And Gayle and I made several presentations on Unleashing Your Leadership Potential in the New York area . (We’ve recorded a Webinar on this topic along with Debra Fisher, Manager, Library and Research Center, O’Melveny & Myers LLP . See page 10:007 for

more details .) AALL commissioned a national

qualitative study on law librarian leadership, which was conducted by Barbara L. Mackoff, and she reported on the results of that study in the Fall 2009 issue of Law Library Journal . Her research showed that the newer (emergent) librarians “repeatedly underlined their own responsibility for demonstrating their value . The strongest theme was the imperative to be proactive .” This thought really resonated with me as it describes many of the conversations I have had with law librarians recently, focusing on: doing more with less; the need to be flexible and nimble; driving value; an emphasis on efficiency; developing best practices; providing analysis versus data; knowledge management; and the reuse of existing work product .

The AALL Private Law Libraries (PLL) Special Interest Section has embarked on a year-long effort on Change as Opportunity . This includes delivering a series of Webinars which began in December 2009 and a summit which will take place in Denver just before the 2010 AALL Annual Meeting . The stated goal of the entire program is for private law librarians to understand the structure, pressures and needs of their environment and to be prepared to take leadership roles as the practice of law undergoes potentially radical changes . LexisNexis is proud to be a major sponsor of this initiative .

The first Webinar presented under the PLL Change as Opportunity initiative was The Business Side of Law Firms: Information Librarians Need to Succeed in the New Law Firm Reality. The guest speaker was Barry Strauss, Executive Director of Wiley Rein LLP based in Washington, D .C . One of the recurring themes in Strauss’s discussion was that librarians need to demonstrate value and be proactive . (His Webinar was recorded, and if you have not yet heard it, I strongly encourage you to do so; you can find the

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2 The survey, State of the Legal Industry Survey, was sponsored by LexisNexis and conducted by Taylor Nelson Sofres between October 26, 2009 and November 6, 2009 among a sample of 450 lawyers (300 private attorneys and 150 corporate counsel) and 100 law students in the United States . A summary and link to the complete survey findings can be found at: http://www .lexisnexis .com/media/press-release .aspx?id=1120 .asp

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recording through the AALL Web site .)All indicators are pointing to the imperative to be proactive and the ability to

demonstrate value to our organizations as keys to success . Of course, the follow-up question is how?

The library is in a unique position within the firm by supporting both the practice of law (by providing resources and research to attorneys for the matters they are working on) and the business of law (by running a cost center, supporting multiple functions of the firm such as client development, competitive intelligence, knowledge management, dockets, conflicts, etc .) . To start on the answer of how, think about the following:

• Understandthestrategyofthefirmandensurethatlibraryservicesarealigned with that strategy .

• Talkwiththepracticeheadsandexecutivelevelsatyourfirmtoensurethatyouunderstand their needs and concerns in order to develop plans to meet their needs .

• Questionthestatusquo—thatis,justbecauseyou’vealwaysdonesomethingoneway (or at all) doesn’t mean it needs to continue .

• Keepupwithtrendsinthelegalindustry.Therearemanyresourcesavailableonthis topic, and one you may want to consider joining is the Martindale-Hubbell® Connected Future of the Legal Industry Group .

• Developtheskillofselfpromotion.(AgreatbooktogetyoustartedisBRAG! The Art of Tooting Your Own Horn Without Blowing It, by Peggy Klaus) .

• Continuetohoneyourleadershipskills.• Networkwithotherlibrarianstodiscusshowtheyareaddressingsimilarissues

and to brainstorm ideas .• TakeadvantageoftrainingopportunitiessuchasthePLLWebinars,theLexisNexis

Webinars, and local and national professional association meetings .• TakeadvantageoftheresourcesprovidedbyLexisNexis.TalkwithyourLexisNexis

Librarian Relations Consultant; they are a great resource! And, LexisNexis continues its commitment to information professionals through our:

3 Robust InfoPro Web site 3 The LexisNexis Information Professional Update newsletter 3 The LexisNexis This Week e-mail updates 3 Our new librarian-focused Webinars, discussed in this issue of Update . 3 Sponsoring the Teaching Research In Private Law Libraries (TRIPLL) and

AMPLL conferences 3 Sponsorship of professional associations at the national and local levels, and

contributing as a major sponsor of the PLL Change as Opportunity initiative 3 Providing expert training and support through our Librarian Relations

Consultant program

For law librarians, this past decade required a shift from a stand-alone department within a law firm to being fully integrated with the overall objectives of the firm, meeting the firm’s strategy and supporting the practice of law . This decade will require that we continue to demonstrate our value and proactively work toward meeting the firm’s goals .

Here’s to your success in this new decade!

NextDecadetoBringUsOpportunityCloakedinChange —continued from page 10:005

For ipS onlY

Best Practices Conference Coming in FebruaryYou face strategic challenges in an ever-shifting market where competitive forces, new media and information technologies are re-sculpting law firms . These challenges redefine the role of the library and how it integrates with other practice support functions and works strategically with firm management to deliver more value .

It is, therefore, a given that the role of today’s law firm librarian must continually evolve to meet various new technological, marketing and business-development challenges .

Be part of the dialogue! LexisNexis is pleased to be a sponsor of the Ark Group/Managing Partner Magazine’s 4th annual forum, Best Practices & Management Strategies For Law Firm Library & InformationServiceCenters:Reshaping the law firm library to achieve excellence in a new economy—successfully positioned and integrated to effectively support both the business and practice of law.

This unique opportunity for meaningful dialogue—with a focus on extensive audience participation—will explore how law librarians coordinate with other practice areas, deal with overlapping roles and responsibilities with other functions, optimize and improve the knowledge process and much more .

Mark your calendar for February25!Location: New York City For more event details, a complete program brochure and/or registration options, please contact Peter Franken at pfranken@ark-group .com or by phone at 773-281-4275 .

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For ipS onlY

Law Librarian Webinar Series Premieres at InfoPro SiteStaying in at lunch? Taking a little extra time to catch up on what’s new—and what can help you and your customers reach their goals in 2010?

Well, pull out your bag lunch—or take a little evening time in your favorite comfy chair—and download a Webinar created just for you .

The LexisNexis InfoPro Web site at www .law .lexisnexis .com/infopro will offer a special series of on-demand Webinars developed specifically for law librarians in late January—prepared and presented by the LexisNexis Librarian Relations team .

Three on-demand Webinars will be available soon . Find a link to them on the main LexisNexis InfoPro page . More Webinars will be available throughout 2010 .

January releases:

GainaClearPerspectiveonGrowthOpportunitieswith LexisNexis® atVantage™ WEBINAR (45 minutes)Law libraries and research centers are integral parts of firms’ client-development process, and you can show firm management, marketing, recruiting and practice heads that you can help them grow firm business! LexisNexis atVantage gives you a powerful law-firm, business-development tool that helps you analyze and track your firm’s growth opportunities with clients and prospects, research industry and market trends, and evaluate competing firms . Best of all, you can manage this research from a single, intuitive Web interface designed around the way marketers and business-development professionals perform their daily tasks .

Leanne Battle, Senior Librarian Relations Consultant for Washington, D .C . and Virginia, and Danielle Francis, Librarian Relations Consultant in New York City, have extensive experience with LexisNexis atVantage and how it is used successfully in law firms today . They share their insights and expertise during this Webinar and highlight the major features of LexisNexis atVantage, including how to:

• Identifygrowthopportunitiesamongyourcurrentclients;• Createhighlytargetedprospectlists;• Accessin-depthprofilesofyourclientsandprospects;• Monitoryourshareamongkeyclients;and• Analyzelong-termlitigationtrends,growingmarketsandcasetypes.

Fall 2009 Law School Librarian and Faculty LexisNexis UpdateWEBINAR (45 minutes) Get the latest information on LexisNexis products of interest to law schools, including LexisNexis® Related Content, which surfaces relevant, related content with convenient links to additional information about the case you are viewing; Martindale-HubbellConnected, a global online community designed specifically for legal professionals and recent Martindale-Hubbell enhancements; the improved Shepard’s Citations Service for statutes; Multi-jurisdictional Surveys; and Lexis®Web, a legal-specific search engine that serves up free Web content only from legal sites validated by LexisNexis attorney editors . (It also offers the LexisNexis narrowing tools valued by LexisNexis customers for reducing research time .)

Management vs. Leadership: Unleash your Leadership Potential WEBINAR (30 minutes; available January 29)In business, management focuses on work, while leadership focuses on people and influencing behavior . Like managing, leading is a learned set of skills . Unlike managing, all of us have the potential to lead—regardless of our title . You’re not born with leadership characteristics, nor do you have to be in a top position to acquire them . But you DO have to take responsibility for developing your leadership abilities . Cindy Spohr, and Gayle Lynn-Nelson, LexisNexis Librarian Relations Group, and Debra Fisher, Manager, Library & Research Center, O’Melveny & Myers, will present a high-level view from thought leaders on this topic and provide information on resources you can use in developing your leadership potential .

The LexisNexis Librarian Webinarseriesisat http://law.lexisnexis.com/infopro(For additional Webinars focused to your library customers, go to the LexisNexis Coffee Break Webinar series at www .lexisnexis .com/coffee)

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LexisNexis® Information Professional UpdateNewsletter editions are also availableelectronically at http://law.lexisnexis.com/infopro

LexisNexis Information Professional Update is a monthly newsletter (November/December issues combined) for law-firm, law-school, corporate and government information professionals published byLexisNexis, P .O . Box 933, Dayton, OH 45401-0933 .

ManagingEditor Barbara M . Byrd barbara.byrd@lexisnexis.com

Marketing Liaison Lori A . Blair

ContributorsGeorgia Akers Linda Banks Beverly Burns Lisa McDonough Jayne Nash Carol Sandy Debbie Smith

Legal LiaisonShari Townsend

For comments/questions regarding legal products, contact:

Cindy Spohr, MLS Team Lead, LexisNexis Customer Consultant Group cindy.spohr@lexisnexis.com

Michael Saint-Onge, MLSTeam Lead, LexisNexis Customer Consultant Groupmichael.saint-onge@lexisnexis.com

LexisNexis, Lexis, Nexis, lexis.com, nexis.com, Martindale-Hubbell, Shepard’s, Shepardize and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc ., used under license . CourtLink is a registered trademark, and atVantage and Mealey’s are trademarks of LexisNexis, a division of Reed Elsevier Inc . Matthew Bender is a registered trademark of Matthew Bender Properties Inc . Other products or services may be trademarks or registered trademarks of their respective companies . © 2010 LexisNexis, a division of Reed Elsevier Inc . All Rights Reserved . LB2010-1 0110

Special notice

An Open Letter to LexisNexis Subscribers Regarding 2010 Pricing January 2010

Dear LexisNexis® subscribers:

It has become customary for online legal-research providers to begin each year with price changes . Not this year. The economic environment is challenging for everyone in the legal marketplace . So at LexisNexis, we realize we must continue to offer superior service and ongoing innovation—plus take extraordinary efforts to help our customers manage costs .

As a result, LexisNexis is re-dedicating itself to offering you the best possible value in addition to continuous innovation . And we are pleased to announce:

LexisNexis will not increase per-search or hourly rates for the vast majority of Lexis® and Nexis® resources throughout 2010 .

Although across-the-board price increases are not planned, a very small number of online sources and individual products may change price in 2010 due to licensor requirements or specific market necessity . Contractual flat-rate commitments will remain in place for the remainder of your contract term .

And be assured that in 2010 and beyond, LexisNexis will continue the same level of innovative development you’ve come to count on . From legal, news, business and public records research to litigation, compliance and business-development solutions, we will continue to make it easier for you to work effectively and to stay focused on your priorities . We are invested in your success .

Sincerely,

Robert RomeoSenior Vice President & General ManagerLexisNexis Research & Litigation Solutions

A Special Note for Law School Librarians

LexisNexis also recognizes the economic challenges you are facing, and we are pleased to announce:• LexisNexiswillhold2010–2011lawschoolonlinesubscriptionprices

to2008–2009levels.• LexisNexisisalsopleasedtoofferyoutheoptionofsigningathree-year

agreement to lock into a maximum three percent pricing increase in years two and three .