Features
Harmonizing a Debtor’s Right to File for Bankruptcy Against a Creditor’s Desire to Protect Its Financial Interests
How to harmonize a debtor’s right to file against a creditor’s desire to protect its financial interests in that debtor has sparked a number of different judicial opinions.
Features
CRM As a Growth Strategy: Turning Data and AI Into Business Development Success
For years, customer relationship management (CRM) in law firms has often been viewed as a glorified Rolodex — a necessary but often underutilized system primarily seen as a data repository. However, as firms seek to drive business development, client engagement and revenue growth, CRM needs to evolve into a strategic growth platform.
Features
Constructive Exuberance: Planning for the Regulation and Enforcement of Privacy, Cybersecurity, and Advanced Technologies In 2025
While change is a constant in the privacy, security and technology arena, 2025 is poised to be a landmark year. New technologies will continue to radiate through the economy — and our lives — while the new Trump Administration is likely to emphasize innovation over protection, reward maximization over risk minimization, and incentivizing over enforcing.
Features
FOIA In 2025: Beat the Backlog and Avoid Lawsuits
The Freedom of Information Act (FOIA) stands at a critical juncture heading into 2025. Federal agencies are grappling with mounting backlogs, increasingly complex data landscapes, and rising cybersecurity threats. As a new administration takes office, the urgency to adopt innovative, effective solutions has never been greater.
Features
Navigating the VUCA World: Why Firms Must Innovate and Reevaluate Legal Operations
In the legal industry, volatility, uncertainty, complexity and ambiguity (VUCA) (originally a military concept) have reshaped how law firms operate, requiring legal administrators to adapt to a rapidly evolving work environment. Navigating this VUCA landscape involves balancing hybrid work models, evolving return-to-office strategies, and significant workforce challenges, especially in administrative support.
Features
Authenticity In an AI World
In today’s digitally connected world, we have unparalleled tools at our disposal to connect with target audiences. But with them comes a critical challenge: how to maintain authenticity, human intelligence and personal connection in a landscape increasingly dominated by algorithms, data and automation.
Features
Sports and TV Industries Antitrust Litigations Update
Sports leagues and competitions’ market clout and the increasing consolidation of sports content-streaming companies have recently spawned several civil antitrust actions aimed at reining in these market powers.
Features
Lease Analysis Gives Win for Commercial Landlord In Bankruptcy Case
The Second Circuit ended a multi-year litigation by affirming a district court’s decision that a landlord’s appeal was “moot for lack of a remedy because, although [that] court [had properly] vacated the assignment and assumption of the lease …, the lease would not revert to [the landlord under Code] §365(d)(4), and that [the landlord] had no alternative remedy.”
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Empty Bankruptcy Win for Commercial Landlord
In In re Sears Holdings Corporation, the Second Circuit apparently ended a multi-year litigation by affirming the district court’s decision that the landlord’s appeal was “moot for lack of a remedy because, although [that] court [had properly] vacated the assignment and assumption of the lease …, the lease would not revert to [the landlord under Code] §365(d)(4), and that [the landlord] had no alternative remedy.”
Features
Eliminating Judicial Exceptions: The Promise of the Patent Eligibility Restoration Act
The Patent Eligibility Restoration Act (PERA) proposes a solution to a complex debate: What can be patented, and when do nature and thoughts become property? This article provides an overview of the PERA bill, examines the current issues with Section 101 of the Patent Act, the specific proposals of PERA, and the existing pros and cons of the bill.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
