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Features
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
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
Federal Circuit: Post-Employment Assignment Clause Void Under California Law Federal Circuit No New Trial for Improper "Pennies on the Dollar" Rhetoric
Features
The economic impact of COVID-19-related shutdown orders, and the governmental directives, raise questions of how bankruptcy courts will respond.
Features
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
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
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
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
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
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.