Features
'Watch Your Attitude, Petitioning Creditors!'
The Bankruptcy Code contains relatively clear and straightforward requirements and standards regarding the eligibility of creditors to file an involuntary bankruptcy petition against a debtor, as well as when an order for relief on such petition shall be ordered by the court. If such criteria are met, do the creditors' intentions, which are not specifically referenced in this context in the statutory framework, come into play at all?
Supreme Court to Hear Case That Will Affect Insider Trading Liability of Tippees
A case heading to the Supreme Court could dramatically change insider trading law that bars trades by recipients of stock tips. The Court agreed to consider a case that raises the question of whether a trade based on an inside tip is permitted so long as the tipper was motivated by familial love rather than monetary gain.
Features
Embracing Culture As A Path to Survival
A strong, powerful and constructive culture has a significant impact on a business's ability to differentiate, to offer top-shelf client service, to attract and retain talent at all levels and to reach new levels of profitability. Regardless of how technology continues to help the legal industry reinvent itself from a mature industry to a young and thriving industry, culture and people will remain a key driver of any firm's long-term success.
Case Notes
According to a recent decision by the Supreme Court of New Jersey, an insurer denying coverage based upon an insured's failure to provide timely notice of a claim under a "claims made" directors and officers policy is not required to show appreciable prejudice ' provided such "claims made" policy was agreed to by sophisticated parties.
Features
EXCITING NEWS!!!
Beginning with the June Issue, <i>LJN's Legal Tech Newsletter</i> will be incorporated into our all-new, cutting-edge title: <i>Cybersecurity Law & Strategy.</i>
The Famous Dr. DeBakey and His Two Controversial Practices
Recently, there has been a great deal of press, as well as litigation, involving two things: so-called "overlapping surgery," and requests by patients to record their encounters with their physicians and with their surgical procedures. Many years ago, a world-famous cardiac surgeon, at least anecdotally, did both things.
Features
The Coming Tsunami in the Legal Profession
There have been four waves of change over the last 50 years. We are now entering the fifth wave and this one will be a tsunami. The lawyers who do not recognize the trends will not be able to enter a new era and survive. The fifth wave will turn partnership leverage, compensation systems and the business model upside down. There is not much time to make the incremental changes that will support sustained profitability in law firms.
Features
The 'Zone of Insolvency'
Directors and officers of a corporation are fiduciaries to the corporation and its shareholders, and are generally required to exercise the duties of care and loyalty with every corporate action. Delaware courts have long led the development of the parameters of these duties, which arise from statutes and vary from state to state.
The First Five Years of the SEC Whistleblower Program
With well-publicized SEC settlements now routinely tipping into the tens of millions of dollars, the monetary rewards to a successful tipster might be huge. The Dodd-Frank Act called those tipsters "Whistleblowers," and the SEC's official Whistleblower program opened for business in August 2011. Here's what has happened since.
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MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.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 ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›