Features
Changing the Game
As an initial matter, it is patent that, following <i>Global-Tech</i>, the law on willful blindness in most circuits ' at least as reflected in pattern jury instructions ' must change.
Features
The Personal Benefit Test in Misappropriation Cases
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"?
Features
Contingent Fee Intake Guidelines
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.
Features
Paying and Transitioning Leaders
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.
Features
Offshore, But Not Off-Center
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.
Features
Choppy Waters in the Safe Harbor for Shareholders of Failed LBOs?
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 ...
Features
Update on Bankruptcy Preference Insider Liability
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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Strategies That Keep Cash Flowing and Profit Margins Growing
Partners and their managing-partner colleagues should consider implementing the strategies enumerated in this article to maintain cash flow and improve margins.
Features
<B><I>BREAKING NEWS:</b></i> <b>NJ Senate Passes Same-Sex Marriage Bill But Votes Short of Veto-Proof Majority</b>
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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