• 11 Factors to Collecting Attorney Fees on a Timely Basis

    April 01, 2018 |

    Most of the time, delayed payments are a result of actions by the law firms themselves. Let's take a look at 11 factors impacting the collection of attorney fees on a timely basis and how to avoid these mistakes.

  • Case Notes

    April 01, 2018 |

    Suit in Second Jurisdiction Is Duplicative
    Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud

  • Sexual Harassment & the Legal Industry

    April 01, 2018 |

    For members of a conservative industry that — literally — wrote the rulebook on sexual harassment, law firms need to be ready for a day of reckoning that seems inescapable.

  • SEC Releases New Guidance on Cybersecurity Disclosures and Controls

    April 01, 2018 |

    On Feb. 21, 2018, the SEC voted unanimously to approve a statement and interpretive guidance to assist the public in preparing disclosures about cybersecurity risks and incidents. The new guidance expands upon previous guidance provided in October of 2011.

  • Industry Workplace Misconduct Investigations

    April 01, 2018 |

    The important ongoing industry and national conversation about sexual harassment is serving as a wake-up call to entertainment companies, board members and C-suite executives about the need to be proactive when confronted with allegations of harassment or other workplace misconduct.

  • Supreme Court Ties SEC's Hands in Whistleblower Case

    April 01, 2018 |

    With its decision in Digital Realty v. Somers, the U.S. Supreme Court dealt a blow to companies interested in learning of their own securities violations before the government gets the heads-up. The case's outcome means whistleblowers who might have reported violations internally will be incentivized to bypass their own companies' compliance mechanisms in favor of immediate reporting to the SEC.

  • A Cautionary Tale for Lender Overreaching into Bankruptcy Remoteness

    April 01, 2018 |

    In re Lexington Hospitality Group, LLC

    Bankruptcy remote structures are often used to protect against the impact of default under a credit facility. A common mechanism is organizational documents requiring an outside director or member's vote to authorize a bankruptcy filing. However, the United States Bankruptcy Court for the Eastern District of Kentucky found that such a requirement implemented at the behest of a lender, among other bankruptcy restrictions, and where there was not true independence frustrated the important federal public policy of favoring fresh starts in bankruptcy.

  • Cooperatives & Condominiums

    April 01, 2018 |

    Questions of Fact Bar Summary Judgment in Condominium's Claim for Improper Alterations
    Sponsor Did Not Breach Purchase Contract
    Unit Owners Did Not Have Exclusive Right to Elevator Shaft