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Third Circuit Rejects Side-Switching Disqualification Claim Image

Third Circuit Rejects Side-Switching Disqualification Claim

Michael L. Cook

Conflicts of interest among clients are a chronic problem for law firms with many clients. How law firms address the problem — and they must — is what the Boy Scouts of America decision shows.

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What's the Difference Between a 'Customer' and a 'Client'? Image

What's the Difference Between a 'Customer' and a 'Client'?

Jaimie B. Field

a customer is someone who buys something from you once, while a client is someone who keeps coming back to you over and over again. And that subtle difference is what makes a lawyer just a lawyer and one who becomes a rainmaker.

Features

Do COVID-19 Shutdown Orders Excuse Lease Guarantors? Image

Do COVID-19 Shutdown Orders Excuse Lease Guarantors?

Stewart E. Sterk

Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.

Features

Stipulation That Resolves Entire Amount Must Reflect Intent of Parties Image

Stipulation That Resolves Entire Amount Must Reflect Intent of Parties

Francis J. Lawall & Kenneth A. Listwak

The Ninth Circuit recently affirmed a lower courts' rulings that a stipulation between the IRS and a bankruptcy trustee, which allowed the IRS's priority tax claim, did not prevent the IRS from collecting nondischargeable tax debt above the agreed amount in that stipulation.

Features

Questions Surround Expanded Government Authority to Seize Russian Assets Image

Questions Surround Expanded Government Authority to Seize Russian Assets

Robert J. Anello & Richard F. Albert

The purpose behind the Biden Administration's proposals to seize assets of Russian oligarchs is to punish a specific action by a state actor — Russia's invasion of Ukraine. The proposals, however, do not appear to be limited to this conduct alone and would outlast Russia's invasion. In times of war, it at least arguably may be appropriate to pass laws to expand the executive's authority to address specific hostile conduct. Such laws, however, should end with the conflict.

Features

Are Large Firm Rates Pushing Clients to Seek Other Alternatives? Image

Are Large Firm Rates Pushing Clients to Seek Other Alternatives?

Andrew Maloney

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 Image

Law Firms Increasingly Opting for Relocations Rather than Renewals

Jessie Yount

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 Image

The FRCP Rule 9(b) Standard In False Claims Act Cases

Michael A. Sirignano

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 Image

California 'Right to Know Act' Sets Off Alarm Bells Ring for Privacy Experts

Isha Marathe

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 Image

Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders

Joel H. Levitin & Richard A. Stieglitz Jr.

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.

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