Features
Open Questions Regarding Disallowance Under Section 502(d)
The intra-district divide in the Southern District of New York continued to deepen on the issue of whether claims disallowance under section 502(d) of the Bankruptcy Code applies to the claim or to the claimant.
Features
"VARA-90": What Landlords Can Do to Stop the Aerosol Spread … of Graffiti Artists' Claims
How did the artists qualify for protection under the Visual Artists Rights Act, how could the owners know whether the artists had achieved "recognized stature" warranting prevention of their works' destruction, and what could the owners have done to avoid liability while retaining the right to dispose of their properties as they saw fit?
Features
Small Law, Big Changes: The Coming Disruption in the Legal Industry
The billable hour is still profitable from a transactional perspective, but from a strategic perspective, in today's economy, that profitability has begun to erode. That's because our economy has fundamentally transformed into a service economy that is based on leverage and scale.
Features
Legal Tech: Legal Departments Leaving Light On for E-Discovery Providers Willing to Renegotiate
In the COVID-19 economy, in-house legal departments will likely continue to insource many of their e-discovery needs since the same staff can often be used to perform other vital office functions. However, some departments may use this as an opportunity to try and negotiate lower prices with outside e-discovery providers.
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
You've Made Your Bed, Now Lie In It – Binding Settlement Agreement Defeats A Post-Settlement Judgment
Holding that the parties' executed agreement mooted the issues in the case, the Federal Circuit recently reversed a district court's decision to grant summary judgment of non-infringement despite the parties' agreement. The decision builds upon prior Federal Circuit case law giving effect to settlement agreements.
Features
Prosecuting PPP Fraud May Be Harder Than It Seems
This article discusses what tools the government has for pursuing seemingly undeserving PPP borrowers, the obstacles to bringing such cases, and the factors that may influence the government's decision in pursuing criminal or civil cases.
Features
COVID-19 Downturn Likely Won't Impact Health of Law Firm Billable Hour
Not even the economic downturn imposed by the COVID-19 virus may be able to take credit for eliminating the billable hour. While attorneys could be relying more on legal tech to help defray costs, transitioning to a new pricing infrastructure in the midst of so much uncertainty could prove to be a bridge too far.
Features
Legal Tech: As Bankruptcies Grow, E-Discovery Counsels' Work May Become More Challenging
Businesses reeling after multiple international stay-at-home mandates are finding themselves out of options and filing for bankruptcy. The situation has led some law firms to cash in on bankruptcy service, and made many cautiously optimistic that the bankruptcy practice will be in high-demand during the current recession.
Features
Preparing for State Bankruptcies
It's no secret that major law firm bankruptcy practices are ramping up for a historic rise in Chapter 11 filings as industries are battered by the COVID-19 pandemic. Controversial comments by Senate majority leader Mitch McConnell in April raised the possibility that restructuring lawyers could also gain a new clientele: state governments.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Read This Before You Set Your 2018 Billing RatesSetting the next year's billing rates follows a simple formula at most firms: last year's rate plus a common percentage increase across all lawyer cohorts. A more disaggregated approach is needed -- firms should set higher percentage increases for senior lawyers and lower increases for junior lawyers.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 ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
