Features

Compensation Remains One of the Most Important Decisions for a Law Firm
With associate compensation dominating the headlines over the past several months, partner compensation has managed to slip under the radar. This isn't particularly surprising, however, given how uncomfortable discussions regarding partner pay can be for lawyers and their firms.Despite the tendency to delay or even avoid such conversations, partnership compensation remains one of the most scrutinized decisions in a law practice.
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Seizure Issues To Consider in Federal Trade Secrets Act
Both before and after the passage of the Defend Trade Secrets Act (DTSA) in May 2016, which created a federal civil cause of action for trade secrets misappropriation, much ink was spilled over the controversial “seizure” provision.
Features

When Can't a Creditor Credit Bid?
The growing presence of non-traditional lenders has been a noticeable trend in the finance industry for years. Yet these lenders have always played a prominent role in distressed lending. Often, they are industry participants who are not only extending a lifeline to the debtor, but perhaps more importantly, protecting their customer base.
Features

Talk Is Cheap: The Misuse of 'Speaking' Indictments
In white collar fraud, public corruption and other high-profile cases, DOJ prosecutors sometimes go well beyond the“notice” principle and draft thick indictments laying out in conclusory language the regulatory schema surrounding the challenged conduct; public policy rationales for the laws and regulation said to be violated; alleged motives of defendants; and the government's inferences from alleged facts (“connecting the dots”) — all under section headings or captions advocating the government's view.
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Distressed Suppliers
Often, purchasers of goods are confronted with financially troubled suppliers and have to decide how best to deal with the supplier in question. There are many pitfalls that you need to avoid. With the complete arsenal of law and information, the customer should be in a position to maneuver through these situations while minimizing risk and cost. The following is information to assist purchasers when confronted with these issues.
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Stepping into the Shoes of the IRS to Pursue Otherwise Time-Barred Avoidance Actions Under Fraudulent Transfer Statutes
One of the rare legal issues in which bankruptcy practitioners usually are able to speak to clients in absolute terms to provide clear legal advice is the limitations period concerning the pursuit of avoidable transfers in bankruptcy proceedings.
Features

Challenges in Solar Equipment Finance
Growth in solar-generation capacity has not been evenly distributed across the country, however, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.<p><b><i>Part One of a Two-Part Article</i></b>
Features

Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit
A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.
Features

When a Lessee Files for Bankruptcy
A Chapter 11 debtor's motion for an order approving use of Cash Collateral or for Debtor-in-Possession (DIP) Financing usually happens as part of the so-called first-day hearings held within a few days after commencement of the case. The problem for creditors and equipment lessors is that while the debtor may have sent your client a notice of the bankruptcy case, the notice sometimes goes to the payment lock box or to someone who doesn't even know what bankruptcy is, much less that the order being sought is key to your client's future payment.
Features

Post-<i>Yates</i> Privilege Protection for In-House Counsel
Attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) “Yates Memorandum.”
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