Features
Are Large Firm Rates Pushing Clients to Seek Other Alternatives?
Firms have been especially deliberate during the pandemic to increase the number of touch points they have with existing business, deepening ties with their roster of current clients by referring matters across practices and rewarding partners for that kind of origination. But with marketing spend surging and clients increasingly willing to move work around, Big Law firms' incumbent advantage could begin to wane.
Features
Law Firms Increasingly Opting for Relocations Rather than Renewals
Law firms are increasingly opting for relocations rather than renewals, as firms look to sell talent on their unique identity and flexible approach to work.
Features
The FRCP Rule 9(b) Standard In False Claims Act Cases
In recent years, federal circuit courts of appeals have set forth somewhat different standards that civil FCA complaints brought by private citizens, known as relators, must meet to satisfy Rule 9(b) — especially regarding whether representative examples of allegedly fraudulent claims must be included in a complaint.
Features
California 'Right to Know Act' Sets Off Alarm Bells Ring for Privacy Experts
While state data privacy legislation is picking up across the U.S., a California bill that recently passed the State Senate and has remained largely under the radar, has some privacy experts raising alarm bells.
Features
Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders
It seems clear that bankruptcy filings inevitably will increase in the near future, because of rising interest rates, pandemic-related micro-economic forces, global strife, and other macro-economic factors and their continuing strain on the global economy and individual businesses. Consequently, strategic buyers and private equity sponsors should find expanding opportunities to purchase distressed businesses out of bankruptcy.
Features
Top Law Firms Look to Invest Profits In Future Success
There's no doubt that much of the legal industry's profit gains are simply the result of surging demand. But smart firms were also able to harness booming demand to push through rate increases, owing to clients who were desperate to see their deals go through. There's no doubt that the firms taking advantage of this confluence are in an enviable position. That doesn't mean they are sitting on their laurels.
Features
Long Term Demand Should Shield Commercial Real Estate from Inflation Impact
The U.S. economy is "still strong" and will support commercial real estate space demand, though inflation will remain a multi-year headwind, forcing the Fed to tighten monetary policy. And though rising interest rates may restrain CRE transaction activity, it won't be on a broad basis, with effects most visible in the property types and markets with the most aggressive pricing run-up over the last few years.
Features
Companies Need to Focus On Compliance to Protect Against Aggressive Post COVID-19 White-Collar Prosecution
Consider another paradox of the post-COVID world: The pandemic that initially disrupted federal prosecution of corporations has now heightened potential exposure in a number of areas. This is especially the case for those organizations that took advantage of government aid or today struggle to navigate snarled global supply chains.
Features
Legal Tech: Can Claiming Incompetence Save You from Spoliation Sanctions?
A recent opinion in Illinois raises the question of whether spoliating parties should be encouraged to present the following defense at trial: "Ladies and gentlemen of the jury, yes the main evidence of this case has been destroyed, but it's only because my client and my law firm are completely incompetent when it comes to preserving electronic evidence."
Features
The Interplay Between Vendor Finance Agreements and Bankruptcy
While regularly used among lenders, manufacturers, and dealers, treatment of Inventory financing program agreements in bankruptcy is not uniform, and uncertainty exists with respect to how such agreements may be treated in the context of a manufacturer's Chapter 11.
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