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Implications of Transfer of Attorney-Client Privilege In Bankruptcy Cases Image

Implications of Transfer of Attorney-Client Privilege In Bankruptcy Cases

Andrew C. Kassner & Joseph N. Argentina Jr.

One of the most misunderstood areas of law for non-bankruptcy and bankruptcy attorneys alike is the attorney-client privilege, including the scope of the privilege, who holds it, and when and by whom it can be waived. As is often the case, in bankruptcy, additional complexities arise.

Features

Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading Image

Second Circuit Ruling on Personal Benefit Test Widens Scope of Criminal Insider Trading

Robert J. Anello & Richard F. Albert

The holding in Blaszczak significantly widens the scope of criminal insider trading. It also creates the anomaly of extending the criminal law beyond the SEC's civil enforcement authority.

Columns & Departments

IP News Image

IP News

Joshua R. Stein & Jeff Ginsberg

Federal Circuit: Post-Employment Assignment Clause Void Under California Law Federal Circuit No New Trial for Improper "Pennies on the Dollar" Rhetoric

Features

Bankruptcy Court Responses to COVID-19 Relief Orders Image

Bankruptcy Court Responses to COVID-19 Relief Orders

Richard Levy Jr.

The economic impact of COVID-19-related shutdown orders, and the governmental directives, raise questions of how bankruptcy courts will respond.

Features

Fair Use Applied to Embedded Photograph Image

Fair Use Applied to Embedded Photograph

Stephen M. Kramarsky

The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.

Features

'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic? Image

'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?

Warren A. Estis & Alexander Lycoyannis 

As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.

Features

Equal Justice Should Apply to All, Including the President's Friends Image

Equal Justice Should Apply to All, Including the President's Friends

Harry Sandick & Jacob Tuttle Newman

This article considers certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney's Office in connection with its investigation into the Trump Organization.

Features

How U.S. Court Ruled Whether France's Right of Publicity Law Is Descendible Image

How U.S. Court Ruled Whether France's Right of Publicity Law Is Descendible

Stan Soocher

Battles over celebrities' estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.

Features

Defending Attorneys Against Extortion Charges Presents Unique Challenges Image

Defending Attorneys Against Extortion Charges Presents Unique Challenges

Bradley A. Marcus

Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs' lawyer in Maryland and sentencing of two plaintiffs' lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.

Features

Allocation Issues for Settling Weinstein Sex Assault Claims Image

Allocation Issues for Settling Weinstein Sex Assault Claims

Heidi Reavis

This article examines the recent judicial dialogue concerning allocation of Weinstein settlement proceeds among Weinstein crime victims, Weinstein Company creditors and defense counsel who have defended the Weinstein corporate officers and directors, and the overall negative impact these various episodes of the Weinstein settlement story likely have on victims' willingness to participate or come forward at all.

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