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Features

Associates May Have Closer Eye On How They Are Billed Out Image

Associates May Have Closer Eye On How They Are Billed Out

Gina Passarella

Hourly rates can be a moving target as clients negotiate down firms' published rates, but in a low-demand era where lawyers need every dollar they can bring in, it seems associates are the ones troubled lately with how rates are set.

'Implementation Day' Marks Rollback of Significant Nuclear-Related Sanctions on Iran Image

'Implementation Day' Marks Rollback of Significant Nuclear-Related Sanctions on Iran

Lisa A. Prager, Betty Santangelo, Gary Stein, Peter H. White, Lara Covington, Seetha Ramachandran, Michael P. Court & Matthew J. Moses

As a result of Iran verifiably meeting its nuclear commitments under the Joint Comprehensive Plan of Action (JCPOA), the United States lifted certain sanctions primarily applicable to non-U.S. persons, including foreign entities owned or controlled by U.S. persons.

Features

Landlord's Claim in Bankruptcy Case Puts Its Letter of Credit Proceeds At Risk Image

Landlord's Claim in Bankruptcy Case Puts Its Letter of Credit Proceeds At Risk

John B. Spitzer

If a landlord has drawn down the letter of credit proceeds and withdrawn the security deposit in full after the tenant's default, filing a proof of claim in the tenant's subsequent bankruptcy proceeding may invite a bankruptcy court's consideration of whether those funds are or should be assets of the bankruptcy estate.

Features

Too Many Lawyers? Report Faults Firms For Resisting Layoffs Image

Too Many Lawyers? Report Faults Firms For Resisting Layoffs

Nell Gluckman

Should law firm leaders be firing more lawyers? That seems to be the takeaway of a report released last month by the legal consultancy Altman Weil.

Features

The Famous Dr. DeBakey and His Two Controversial Practices Image

The Famous Dr. DeBakey and His Two Controversial Practices

Edward D. McCarthy

As we noted last month, cardiac surgeon Michael DeBakey performed "overlapping surgeries," in which he moved from one operating room to another; and 2) He filmed many, if not all, of his procedures. Both of these practices have potential to impact the outcome of a medical malpractice claim.

Constitutional Rights and the Expert Opinions Addressing Parental Access and Decision-Making Image

Constitutional Rights and the Expert Opinions Addressing Parental Access and Decision-Making

Jonathan Gould, Allan Mayefsky & Peter Stambleck

Frequently, evaluators will offer expert opinions to the court to limit a parent's access to his or her children. The authors claim that many evaluators do not adequately consider the profound constitutional issues involved in such recommendations, and routinely offer opinions that have little support in the underlying data from which such recommendations and opinions are based.

Features

Patent Venue Rule Remains the Same ' For Now Image

Patent Venue Rule Remains the Same ' For Now

Harvey S. Kauget & Ryan M. Corbett

Outside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.

Joint Employment and the Contingent Worker Image

Joint Employment and the Contingent Worker

Robert G. Brody & Katherine M. Bogard

Many companies are staffing through non-traditional arrangements. Many of these contingent arrangements result in third parties. These arrangements generally allow the putative joint employer to minimize or even avoid functions such as recruiting, screening, hiring, paying workers, and complying with labor and employment laws. This avoidance, however, often comes with significant risks.

Features

FCC's Proposed Data Privacy and Security Rulemaking for Broadband Internet Access Providers Image

FCC's Proposed Data Privacy and Security Rulemaking for Broadband Internet Access Providers

Alan Friel & Suchi Pahi

In 2015, the FCC issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs).

Features

Safe Harbor Defense Bars Creditors' State Law Fraudulent Transfer Claims Image

Safe Harbor Defense Bars Creditors' State Law Fraudulent Transfer Claims

Michael L. Cook

Creditors of a Chapter 11 debtor asserting "state law, constructive fraudulent [transfer] claims ' are preempted by Bankruptcy Code Section 546(e)," held the U.S. Court of Appeals for the Second Circuit on March 29, 2016.

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