Features
The Small Business Reorganization Act: How It Started. How it's Going. Where to Next?
This article provides a brief overview of the SBRA and these first several months of its use — especially in light of the COVID-19 pandemic — concluding that in 2021, Congress should permanently adopt the CARES Act's expanded definition of a "small business debtor" as including businesses with up to $7.5 million in aggregate non-contingent liquidated debts.
Features
Challenges for Real Estate Lenders When Borrowers Default
During periods of distress in the real estate industry, if a lender is not going to enter into a consensual workout or loan restructuring with their defaulted borrower, the lender will be presented with the choice of either enforcing rights under its loan documents or marketing and selling the distressed loan.
Features
Law Firms Renegotiating Leases to Reflect 'New Normal'
As their commercial leases approach expiration and renewal, law firms are renegotiating the future of in-office legal work. For many, the "new normal" will feature an efficient floor plan that deemphasizes personal offices while paradoxically accommodating a growing attorney headcount.
Features
Does Corporate Attorney-Client Privilege Extend to Company Executive?
The question of when does company counsel also represent a company executive often comes up in white-collar issue investigations.
Features
Best Practices for Virtual Internal Investigations
In order to ensure that remote internal investigations are probative and effective, companies and their outside counsel should employ a few simple and practical practices.
Features
Considerations When Entering Into a Tolling Agreement
Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject's best interest presents a difficult question, and COVID-19 has impacted the calculus.
Features
Leveraging Data to Drive Innovation in A Post-Pandemic World
With a new year and fresh outlook for the future, the time is ripe for legal technologists and innovators to take the delivery of legal services and client experience to the next level. One key is recognizing that successful innovation is equal parts mindset, method and message.
Features
Perfecting Notice and Saving $$
The number one goal to save money while perfecting notice should be elimination of the production and mailing of paper notices while expediting notice delivery and eliminating postage costs.
Features
U.S. Supreme Court Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay
A secured lender's "mere retention of property [after a pre-bankruptcy–repossession] does not violate" the automatic stay provision of the Bankruptcy Code, held a unanimous U.S. Supreme Court in City of Chicago v. Fulton.
Features
Shielding Retainer Fees Prior to Client's Bankruptcy
Which type of retainer agreement gives attorneys the best chance to preemptively shield their retainer fees before a client ends up in bankruptcy or the Department of Justice seizes and forfeits the client's assets?
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›
- How to TOOT Your Own Horn: Exceptional Self EvaluationsIt's that time again. As the year comes to a close many firms are beginning the associate review process. Even if your firm does not have a formal review process I recommend that you write a self-evaluation that outlines your achievements and specifies your goals for the coming year.Read More ›
- The FTC Gets Into the College Athlete NIL GameAs national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.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 ›
