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Professional Fees May Not Be Capped by Standard Carve-Out Provisions Image

Professional Fees May Not Be Capped by Standard Carve-Out Provisions

John C. Tishler & Tyler N. Layne

Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

Features

Do <i>Daubert</i> Motions Really Work? Image

Do <i>Daubert</i> Motions Really Work?

John L. Tate

<b><i>Part One of a Three-Part Article</b></i><p>Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort. Two recent studies shed new light on these attitudes.

Features

<i>Counsel Concerns</i><br>Athletes' Lawyer Sues Co-Counsel Over Fees from Video Game Cases Image

<i>Counsel Concerns</i><br>Athletes' Lawyer Sues Co-Counsel Over Fees from Video Game Cases

Charles Toutant

A New Jersey lawyer claims in a legal complaint that the law firm Hagens Berman Sobol Shapiro shortchanged him on fees from a $60 million settlement of class action suits that had been brought behalf of college athletes over the use of their names and likenesses in video games.

Features

Split Ninth Circuit Requires Default Interest to Cure Default Image

Split Ninth Circuit Requires Default Interest to Cure Default

Michael L. Cook

A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit.

Features

Director Independence to Consider Pre-Suit Demand Image

Director Independence to Consider Pre-Suit Demand

Joseph M. McLaughlin & Yafit Cohn

In a decision written by Chief Justice Leo E. Strine Jr., for the second time in 15 months, the Delaware Supreme Court reversed a Court of Chancery decision dismissing a derivative complaint for failure to plead demand excusal.

Features

Class Certification Image

Class Certification

Jeremy M. Creelan

<b><i>Will Gorsuch Pick Up Where Scalia Left Off?</b></i><p>"Is my client a potential member in a class-action lawsuit against a pharmaceuticals manufacturer?" The answers can get complicated, especially when the legal landscape is in flux, as it is now as we await the appointment of a new Supreme Court justice. What should we expect?

Features

New Rules Pose Hurdles for Disability Claimants Image

New Rules Pose Hurdles for Disability Claimants

Joseph B. Silver

Over the course of the past few months (and prior to the inauguration of President Trump), the Social Security Administration (SSA) proposed and finalized…

Columns & Departments

Development Image

Development

ljnstaff & Law Journal Newsletters

Discussion of two rulings of interest to you and your practice.

Features

User Behavior Analytics and Your Company's Data Image

User Behavior Analytics and Your Company's Data

Jason Straight

While cybersecurity spending at many organizations still tends to focus on perimeter defenses, security experts have begun to face the reality that it is nearly impossible to keep bad actors out of your network, and are turning their attention to better ways of mitigating threats posed by intruders once they've hacked their way in.

Features

Streaming Pre-'72 Recordings Not Piracy Under Georgia Law Image

Streaming Pre-'72 Recordings Not Piracy Under Georgia Law

R. Robin McDonald & Scott Graham

The Georgia Supreme Court ruled that media companies streaming music recordings made prior to Feb. 15, 1972, over the Internet without paying royalties or licensing fees aren't violating the state's criminal record piracy law.

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