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Structured Dismissals in Deviation of the Bankruptcy Code Priority Scheme Image

Structured Dismissals in Deviation of the Bankruptcy Code Priority Scheme

Rudolph J. Di Massa Jr. & Drew S. McGehrin

In a recent decision, the U.S. Supreme Court held that, without the consent of impaired creditors, a bankruptcy court cannot approve a "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code. The ruling carries with it implications that may affect both pending and future bankruptcy proceedings.

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SEC Takes Aim at Political Contributions By Investment Advisers Image

SEC Takes Aim at Political Contributions By Investment Advisers

Joseph F. Savage, Jr. & Stephanie M. Aronzon

While it remains unclear both when the regulators will invoke their authority to enforce the nearly limitless strict liability provision of the "pay-to-play" rules and how they will determine the appropriate remedy, the recent settlements and the SEC's handling of exemptive relief petitions may provide some clues.

Features

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce Image

Trust Drafting Tips: How to Make Trusts Harder to Reach in Divorce

Martin M. Shenkman

<b><I>Part One of a two-Part Article</I></b><p>Trusts have traditionally been used to protect wealth from divorce. However, what many estate planners refer to as "traditional" trust draftingis not nearly as effective at protecting wealth from the potential risks of divorce as approaches advocated by what some loosely refer to as "modern trust drafting."

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The GDPR: Teeth, and Considerations for Corporate Legal Counsel and Discovery Teams Image

The GDPR: Teeth, and Considerations for Corporate Legal Counsel and Discovery Teams

Ryan Costello

With the EU's General Data Protection Regulation (GDPR) set to take effect in May of 2018, the serious implications for corporate legal counsel and e-discovery teams are difficult to deny.

Features

USPTO Continues to Demand Attorneys' Fees for District Court Appeals Image

USPTO Continues to Demand Attorneys' Fees for District Court Appeals

Judith L. Grubner

Starting in 2013, the USPTO has been requesting reimbursement for the time spent by its attorneys and paralegals on district court challenges to PTAB and TTAB decisions.

Features

EEOC Updates Guidance on National Origin Discrimination Image

EEOC Updates Guidance on National Origin Discrimination

Robert G. Brody & Katherine M. Bogard

At the end of last year, the Equal Employment Opportunity Commission (EEOC) for the first time in 14 years updated its Guidance on national origin discrimination. The Guidance serves as a road map for employers on how the EEOC will investigate national origin discrimination charges. As a result, employers are wise to review the new Guidance to ensure that their anti-discrimination policies can withstand an EEOC investigation.

Features

Enhancing Lateral Partner Opportunities and Compensation Image

Enhancing Lateral Partner Opportunities and Compensation

Randi Lewis

You are a partner in a law firm and you have decided to make a lateral move. You want it to be the right move to a better platform. Where do you start and how do you maximize the likelihood of a successful outcome?

Features

Cross-Border Litigation Image

Cross-Border Litigation

Lewis F. Murphy

<b><I>The Devil in the Details</I></b><p>Globalization has created new challenges for companies threatened by, or embroiled in, cross-border litigation. Assets and evidence, in the form of witnesses and documents, may be spread across multiple countries and legal systems. Judicial attitudes and procedures in these systems can vary as much as national political relations.

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Defamation and the Disgruntled Defendant Image

Defamation and the Disgruntled Defendant

Janice G. Inman

<b><I>Part One of a Two-Part Article </I></b><p>it is no wonder that those who find themselves on the receiving end of a product liability lawsuit and its attendant bad publicity sometimes fight back. So it was in a recent case, in which a company, publicly accused by a plaintiff's lawyers of using non–FDA-approved medical devices, fought back by bringing a defamation suit against the opposing attorneys.

Features

Where Is the Digital-Age Sweet Spot Between Business Growth and Data Security? Image

Where Is the Digital-Age Sweet Spot Between Business Growth and Data Security?

Sanjiv Bawa

In this heady atmosphere, law firms risk succumbing to the temptation — indeed, the seeming necessity — to exploit to the hilt the Internet's huge upside — its massive growth and profit potential — while neglecting its huge downside: its immense threats to data security.

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