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Following the U.S. Supreme Court’s 2024 decision in Purdue, which held that nonconsensual third-party releases are impermissible under the Bankruptcy Code, bankruptcy judges across multiple jurisdictions have been grappling with what constitutes a “consensual” release. Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024). This article analyzes how different judges have defined “consent” and provides guidance on best practices for structuring third-party releases.
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The Fourth Circuit’s opinion focused on answering the core question presented — whether jurisdiction is determined by statute, rather than by a debtor’s financial condition. It reasoned that since the Constitution grants Article III power over “all cases arising under the laws of the United States” and the Bankruptcy Code is a law under the United States, the petition to reorganize under Chapter 11 of the Bankruptcy Code is clearly within the judicial ambit of the U.S. Bankruptcy Court.
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In 2020, the Supreme Court ruled that a bankruptcy court’s decision to lift the automatic stay of pending litigation imposed by the Bankruptcy Code is a final, appealable order. But what if a bankruptcy court lifts the stay and later reimposes it? Is the latter order also immediately appealable, or is it considered interlocutory?
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As law firms explore technological advancements ranging from generative AI to improved billing software, experts caution against having unrealistic expectations of immediately increased profitability, but they emphasize that an innovation mindset will improve client satisfaction and retention.
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In today’s market, growth is no longer a function of how big you are, but how well you perform — how quickly you can make informed decisions, respond to shifting client needs, and align the entire firm around a shared vision of success. The firms that pull ahead over the next five years won’t be the ones with the most lawyers or the flashiest marketing budgets. They’ll be the ones that master the art and science of firm performance.
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In an environment where silence often breeds suspicion, and ambiguity opens the door to distraction and misinformation, law firm leaders cannot afford to treat transparency as optional. Transparency is often seen as a communication tactic or a box to check; however, in today’s environment, it’s a leadership imperative.
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Forward-thinking firms are reimagining the back office. By centralizing support functions, adopting technology, and making data-driven decisions, they are creating scalable, flexible, and resilient operations. The result? Higher productivity, improved client service, and stronger career pathways for staff. Here are 5 of the top strategies firms are implementing to optimize their back office.
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Firms that enable lawyers to practice at the top of their license by embracing smarter workflows and AI-driven systems that enhance human judgment aren’t just more efficient; they’re setting a new standard for excellence, reducing risk for clients, and elevating the role of the lawyer.
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U.S. companies face a massive wave of wiretapping law class action lawsuits and regulatory enforcement actions over online “tracking technologies.” With this backdrop, the article below identifies some trends and new directions concerning tracking technology legal exposure and highlights some potential solutions for mitigating legal impact.
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The transition from on-premise e-discovery systems to a cloud-native platform like RelativityOne is now at the heart of legal technology strategy for organizations racing to modernize discovery, compliance, and client service. While the promise of greater scalability, automated upgrades, and advanced analytics is motivating, a RelativityOne migration is a journey, rich in both complexity and opportunity.
