Features
D&O Coverage for Corporate Criminal Investigations
Surprisingly few reported decisions discuss whether criminal investigations of corporate wrongdoing are covered under directors' and officers' liability insurance policies. This is amazing because the past decade has been marked by waves of corporate scandals, and federal and state prosecutors and regulators will likely continue to launch broad investigations of corporate conduct in the decade to come.
Today's Law Firm Leadership Crisis: Where Is Your Next Generation of Leaders?
Do you know who your firm's next leader will be? Do you have a short list of viable partner candidates? If your answer to these questions is no, you are not alone.
Features
It's Compensation Time Again
Whatever compensation system a firm selects, it will work in the long run only if it has the confidence of all of the firm's partners. Based upon the author's experience, that confidence can best be won by providing a role in the process for all partners.
Help Insulate Your Firm with Careful Year-End Planning
Notwithstanding the slowing economy, there are opportunities to strengthen the firm's finances and those of individual partners. The key in this or any year is careful tax planning — including year-end tax projections — that will help lessen federal and state tax liabilities, prepare for possible exposure to the alternative minimum tax, and discover potential ways to save and streamline.
How Healthy Is Your Inventory?
Savvy firms are expanding their tool kits to effectively manage the business of law. Inventory analysis is a critical component, and used wisely, can point to risks and trends early, preventing cash flow problems down the road.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Prasco v. Medicis: CAFC Draws a Line in the Sand
In <i>Prasco, LLC v. Medicis Pharm. Corp.</i>, the Federal Circuit declined to allow a declaratory judgment action on unasserted patents and provided some useful guidance in understanding what factual circumstances would be insufficient to establish a justiciable controversy.
Health-Care Cases
In Part One of this article, the authors discussed the issues of whether the Debtor is a "health-care business," if an ombudsman must be appointed, and if you should seek to prevent it. This month, the authors discuss the question, "What if HHS seeks to affect Medicare reimbursements or exclude the Debtor from a federal health-care program?
Features
Agreements for Future Relief from Automatic Stay
The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers. How, then, to best answer the client's next question: "OK, when is it enforceable and when is it not enforceable?"
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›