LJN Newsletters

  • The Curious Case of Extraterritoriality and Fraudulent Transfer Under the Bankruptcy Code

    Courts Are Divided on the Issue of Whether the Fraudulent Transfer Recovery Provision Applies Extraterritorially

    The U.S. Court of Appeals for the Second Circuit recently issued an opinion concluding that trustees can pursue recovery from foreign subsequent transferees who received property in transactions that occurred entirely outside the United States. The opinion reversed two lower court rulings and arguably conflicts with Supreme Court precedent on extraterritoriality of U.S. legislation.

    July 01, 2019Rick Antonoff

  • The Importance of Social Skills: Technology and Data Are Not Enough to Grow Your Firm's Business

    Data is taking over our lives. And preceding that is all of the applications and technology that exists that helps us measure that information. But technology and data are not going to be the only growth drivers of a firm in the future. What's going to become most important in the face of the technological changes that are occurring in law firms is a lawyer's "soft-skills."

    July 01, 2019Jamie B. Field

  • Are Companies Playing It Too Safe With GDPR Breach Reporting?

    A new report from the law firm of Pinsent Masons shows that there has been a high level of GDPR "over-reporting" at the U.K.'s Information Commissioner's Office, but organizations who may think they are playing it safe may actually be opening themselves up to further regulatory scrutiny.

    July 01, 2019Frank Ready

  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy

    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.

    July 01, 2019Rena Andoh and Kate Ross

  • Carnival Execs May Face Criminal Charges Over Compliance Failures

    Once again a company has felt the pain that comes when it is caught violating an agreement with the Department of Justice. After taking a tongue lashing from a federal judge for repeatedly violating the law, Carnival Corp. executives have until autumn to hire a chief compliance officer and begin meaningful compliance reforms at the world's largest cruise line.

    July 01, 2019Sue Reisinger

  • Case Notes

    Option to Buy Is Exercised, and 'Tenant' Is No Longer a Tenant

    July 01, 2019ssalkin

  • Bit Parts

    Courts Refuse to Hand Over Documentary Audio and Outtakes

    July 01, 2019Stan Soocher