Features
Parameters of the Witness No Contact Rule
This article articulates some of the common issues that a lawyer should consider under Model Rule 4.2, but the manner in which Model Rule 4.2 is applied across different jurisdictions may vary.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also discusses some recent cases of interest, including decisions from Delaware and New York concerning the awarding of attorneys' fees.
Features
<i><b>Product Review</i></b> Is There Really Such a Thing As Social Practice Management?
Law practice management, meet legal productivity, or, as the San Diego developers have dubbed it: social practice management. Welcome to MyCase.
Features
U.S. High Court Recognizes Title VII Third-Party Retaliation Claim
Retaliation claims are the most dangerous and powerful of allegations under Title VII. The <i>Thompson v. North American Stainless LP</i> decision has the potential to dramatically expand the scope of such claims.
Features
Business Crimes Hotline
Recent national rulings of interest.
Features
Real Property Law
Discussion and analysis of several recent rulings.
Features
Cooperatives & Condominiums
An in-depth look at recent important rulings.
Features
Ninth Circuit Treats Corporate Insider Fairly in Fraudulent Transfer Case
The Ninth Circuit recently reversed a district court's adverse $6.7 million fraudulent transfer judgment against a corporate insider, a director of the debtor, in a remarkably sensible opinion.
Features
Assumption of Liabilities
What impact does a bankruptcy filing and a contract rejection have on a carefully drafted, thoroughly negotiated asset purchase agreement? A look at a recent ruling.
Features
The Application of Pollution Exclusions to Defective Drywall Claims
Considering similar facts and similar policy language, courts in two states have already reached opposing decisions on whether pollution exclusions in homeowners' policies bar coverage for defective drywall claims.
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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 ›
