Latest Features
Gen AI and TAR: How Seemingly Competitive Technologies Are Complementary Tools
Over the last decade, technology-assisted review (TAR) has become a preferred choice in the e-discovery toolkit. Now, as generative AI gains traction, legal teams face a new challenge: creating a technology stack that offers the best balance of efficiency, cost and usability.
State Legislatures Take on FARA with New FARA-Style Bills
This year has seen a wave of proposed bills in state legislatures across the United States aimed at regulating foreign-influenced political activity at the state level. While stylized to mirror portions of the Foreign Agents Registration Act (FARA), in reality, many of these laws are broader than FARA and lack the core exemptions that companies may have grown accustomed to relying upon.
Navigating the SARE Runway: A Secured Creditor’s Perspective
Many single asset real estate (SARE) bankruptcies will check some or all of the boxes for a bad faith filing. The timing of a SARE filing commonly suggests an intent to delay, as SARE filings are generally a last resort to stay foreclosure. Nevertheless, courts may be reluctant to dispose of these cases as bad faith filings, absent particularly egregious circumstances evidencing patent abuse of the bankruptcy process.
Seventh Circuit Addresses Proof Burden For §114(b) Sound Recording Infringement
It’s a fundamental copyright principle that a song and a sound recording of that song each have their own copyright protection. But that protection isn’t equal.
What Award-Winning Firms Know About Equipment Strategy
Technology infrastructure now defines how law firms deliver service, manage compliance, and compete for clients. The most forward-looking firms are not just upgrading systems; they are transforming how they plan, finance, and govern their technology investments.
MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Navigating the Attorney-Client Privilege and Work Product Doctrine in BankruptcyWhen a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.Read More ›
- The Problem With Sup. Ct. Majority Opinion In Andy Warhol FoundationCommentary The high court's decision's future application is anything but clear and clarification of the parameters of a "transformative" fair use is left open for another day.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
