Most industries are navigating the effects of rapid forced changes caused by the pandemic. What sets the legal sector apart is that the pandemic served as a catalyst to accelerate trends ahead at lightning speed which have been predicted for over a decade.
What provisions in a subordination agreement can be enforced, and can the subordinated creditor participate in the reorganization process if there is no prospect it will receive any distribution as a result of being subordinated?
The benefits that business development and marketing teams can bring to the firm and to its attorneys, individually, are multi-faceted, invaluable and sometimes wonderfully unexpected.
This last year has brought an ever-increasing pressure to be competitive and retain the margin that pays salaries and powers growth. One outlet to maintain and increase competitiveness is the reduction of paper processes and increasing the use of technology.
The failure of NYPA to pass is not exceptionally noteworthy. What is noteworthy, however, is that it marks an escalation of data privacy protections and restrictions not seen in other major regulatory regimes, whether in the United States or abroad. And since most believe its failure to pass was due more to the end-of-session rush than its contents, don't be surprised if it pops up again in January 2022.
When law enforcement seeks to compel a subject to provide a passcode to allow them to rummage through a cellphone, courts have not spoken with a unified voice. Some, including New Jersey's highest court, have arrived at the dubious conclusion that requiring an individual to communicate cellphone passcodes to the government does not warrant Fifth Amendment protection. Commentators had hoped that the U.S. Supreme Court would reject that expansive view, however, the Supreme Court declined to wade in, seemingly guaranteeing that continued uncertainty on this critical issue will continue to bedevil criminal practitioners.
A look at moves among attorneys, law firms, companies and other players in entertainment law.
The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.
In an era of increasing participation and regulation by various governmental agencies in businesses eligible for bankruptcy relief, the Third Circuit's decision in Venoco is an important development for assessing the extent to which a distressed business can address action by a governmental unit through a bankruptcy case.
Over the last decade, commercial real estate players have increasingly considered the environment and sustainability when underwriting investments and operating properties, but the pandemic has catalyzed rapid growth in ESG adoption.
