Despite the popularity of utilizing the cy pres doctrine and its benefits, courts are reviewing class-action settlement agreements that provide for cy pres payments with increased scrutiny.
- October 02, 2017Joshua L. Becker and Brad M. Strickland
In In re AE Liquidation, the Third Circuit held that a WARN Act notice only must be given when mass layoffs are probable, not when merely foreseeable. As a result, a debtor that was attempting to effectuate a going concern sale under Bankruptcy Code Section 363 was not liable for failing to give a WARN Act notice until the day it determined it could no longer wait for approvals from the buyer to close.
October 02, 2017Russell C. Silberglied and Katherine M. DevanneyPart One of a Two-Part Article
Managing partners and members of executive committees in the most successful law firms strongly support the concept of having Practice Group Leaders (PGLs) assume a major role in their firms' efforts. Here's why.
October 02, 2017Joel A. RoseRule Changes You Should Understand
This article focuses on the strategies that an equipment financier may explore when it needs to file a proof of claim in a bankruptcy case to preserve its rights. It also describes a debtor's right to object to a creditor's claim.
October 02, 2017Deirdre M. Richards and Howard C. RubinJudge Mazzant issued a final ruling striking down the overtime rule. The Texas Federal Judge used essentially the same reasoning on which he based his temporary injunction ruling. In light of this final decision, the appeal of his temporary injunction likely becomes moot.
September 02, 2017Tim K. GarrettIn an effort to continue to capture ongoing and new business, vendors may be opening themselves up to liability due to poorly drafted contracts with companies. In addition, in a rush by companies to have data shifted to the cloud, privacy concerns may be dangerously minimized.
September 02, 2017Chuck Kunz and Ian McCauleyInvestigating and Discovering Mobile Device Data
Analyzing data from mobile devices is still uncharted territory for many in Legal and IT. Accordingly, today's modern legal and technology professionals need to brush-up on all things mobile. This includes understanding where applicable data resides in a mobile device and what common challenges are associated with accessing, preserving and extracting this data. One such app taking the mobile device world by storm is WhatsApp.
September 02, 2017Julian Sheppard and Michele C.S. LangeBarclays Center, Levi's Stadium, Golden 1 Center, Mercedes-Benz Stadium, Hard Rock Stadium — any sports fan or concert-goer can rattle off these names as venues of spectacular games and top-notch musical performances. What is behind those names? Naming rights transactions, which are increasingly popular thanks to their unique intersection of advertising, promotional opportunities, and headline-grabbing financial terms.
September 02, 2017Rich Brand and Christina L. CampbellThis article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel — as well as "spin-off" counsel for individual employees — can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
September 02, 2017Marc SiegelCyber attacks and theft are on the rise around the country, and law firms are becoming prime targets. Unlike manufacturers, banks and retailers, law firms are unique organizations that are highly vulnerable.
September 02, 2017Collin Hite











