The Progressive Lawyer: Telling Your Client's Story at Trial
The thought that people do not need to be engaged or motivated when faced with new information is based on the mythology that assumes that we can just pour facts into the passive minds of our judges, and they will automatically and somehow "get it.
Features
Copy<i>wrongs</i> for Start-up Firms
Much virtual ink has been spilled about the complexities of applying traditional copyright law to e-commerce (and the Internet, generally). The intersection of law developed for the written word on paper, and tangible objects, and digital distribution of their modern equivalents, remains a work in progress, to say the least.
Features
My 'Friend,' the Judge
Is it permissible for a judge to become friends on a social media site with lawyers who appear before the judge? The comments to the rule do not address the issue, and there is disagreement among ethics committees in the various states with respect to this specific question.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Five Tips for Avoiding Settlement Traps
When a lawsuit is settled, the clients cut a deal, the legal gladiators lay down their briefs, and everyone breathes a sigh of relief. But is that sigh premature?
The Tension Between Marriage Equality and Religious Liberty
Even amid signs of rising support, there remains a palpable tension between proponents of marriage equality and opponents who argue that same-sex marriage laws threaten their religious liberty.
Features
Digital Copiers Don't Forget
Risk mitigation requires a good understanding of where the vulnerabilities are, and one that many companies have missed is the sensitive data that likely reside in the hard drive memories of printers, copiers, and fax machines.
Features
Lease Accounting Project Update
After the February FASB/IASB Lease Accounting Project meetings,the Boards added a fourth approach that the ELFA has been recommending from the start of the Lease Project.
Features
Practice Pointers for Working with Expert Witnesses in Bankruptcy Court
This article provides some examples of how expert witnesses are used in bankruptcy court, and an overview of some issues that practitioners should be mindful of when working with experts in bankruptcy court.
Features
Media & Communications Corner: Legal Brand Journalism
Legal Brand Journalism' is the mechanism that allows thought leadership to happen. Here's what it is and how it works.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
