Features

'Mixed Messages': DOJ Efforts to Dismiss Qui Tam Actions
Despite the historical trend of reduced government involvement in qui tam actions, the government is sending "mixed messages" regarding its view of FCA relators.
Features

Third Circuit Clarifies Appeal Process in Settlement and Reorganization Plan Disputes
The Third Circuit recently took a "pragmatic approach" when affirming lower court orders denying a stay of bankruptcy settlement distributions pending appeal. After holding that the district court's "stay denial order" was "final" for jurisdictional purposes, it also confirmed "the applicable standard of review" on motions for stays pending appeals.
Features

Litigation Support, E-discovery and the Recovery of Costs
The Data Explosion vs. Recovery Model Stagnation Firms are struggling with a legacy practice of writing off litigation support/e-discovery and related costs but have been challenged to identify and implement recovery models or managed services models that are both acceptable to the firm and to their clients. On top of all of this, many firms simply fail to dispose of the data at the matter closing and costs continue to accumulate year over year. Mattern has launched the first ever e-Discovery and Litigation Support Cost Recovery Survey to gather that needed data to help drive firms' better business decisions.
Features

A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough
Part One of a Two-Part Article This article outlines the basic elements of an SNDA and will explain the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.
Features

It's Time to Take Third-Party Risk Seriously
The use of new technologies such as the Internet of Things (IoT), mobile and cloud by vendors add to the question: Where is my data, and how can I protect it when it is in someone else's hands? In the hustle and bustle of daily business, third parties often become the overlooked or unwitting accomplice in criminal activities.
Features

Lessor Repossession of Property on Eve of Lessee Bankruptcy
Voluntary Turnover or Face Contempt Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until such time as the debtor seeks, and obtains, an order of turnover.
Features

Leadership for the Strong
There are a few things about being an effective leader that books and professors don't seem to directly address. Here are some tips to help partners who lead operational teams, offices, practices, departments, or the firm itself, to implement for leadership impact.
Features

They're Baaaaack. Disclosure-Based 14(A) Claims Making a Ghostly Return
Following the Delaware Chancery Court's ruling in In re Trulia, Inc. that effectively closed the door to 14(a) disclosure-based settlements in Delaware state court, federal courts saw an influx of 14(a) "merger objection" litigation. More often than not, these suits are quickly dismissed following the company's issuance of a supplemental proxy with additional disclosures and the parties negotiate a mootness fee. The transaction closes and all parties move on — or so we thought. An emerging trend suggests that exposure to 14(a) claims may coming back from the near dead.
Features

When Being a Star Rainmaker Is Not Enough
Why EQ Leads to Even Better Business Results It is not uncommon for law firms to face negative business outcomes caused by the behavior of a star rainmaker who is unaware of the impact that they have on others. And that's what emotional intelligence (EQ) is about and why it's so important to lead to better business results. What can law firms do to help their star partners increase their emotional intelligence to avoid potentially disastrous business outcomes for themselves and their firms?
Features

Fees on Fees
Collecting the Legal Fees It Cost You to Collect Legal Fees Does your New York commercial lease form expressly provide that the landlord may recover the legal fees it incurs to recover legal fees from its tenant? If not, then the landlord may be out of luck trying to recover such "fees on fees," as they are known. But it wasn't always this way.
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