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Is the benefit test a separate element of liability or an aspect of another element, like breach of duty or scienter? And what counts as a sufficient "benefit"?
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In deciding whether to accept a contingent fee case, your firm should approach this issue as it would any other decision regarding an investment of the firm's resources.
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When a law firm asks an individual to step forward on behalf of the group, it is incumbent on the group to define the scope, authority and expectations for the leadership position. In addition, there should be mechanisms in place to evaluate leadership performance, provide feedback and appropriately adjust compensation.
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The recent insolvencies of offshore-based mutual funds have presented challenges for international comity when it comes to the complex issues of cross-border insolvency.
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In this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...
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The Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.
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Partners and their managing-partner colleagues should consider implementing the strategies enumerated in this article to maintain cash flow and improve margins.
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The state Senate passes legislation to authorize gay and lesbian couples in New Jersey to marry, but with fewer votes than needed to override Gov. Chris Christie's expected veto of the bill.
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Taking a narrow approach in deciding the blockbuster challenge to California's ban on gay marriage, a split panel of the Ninth Circuit U.S. Court of Appeals on Feb. 7 found Proposition 8 unconstitutional.