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Structured Dismissals and Application of Non-Estate Proceeds
One of the more significant changes to Chapter 11 practice has been the use of section 363 to sell the assets of a debtor, prior to confirmation of a plan, as a means to restructure and maximize value. This transactional use of the Bankruptcy Code has, by necessity, changed how cases are administered.
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Ending the Myth That Branded Drug Companies Cannot Benefit from Preemption
A myth has surfaced over the past few years that federal drug law preempts product liability suits against generic drug companies, but not brand-name manufacturers. This myth stems from an over-simplification of three U.S. Supreme Court cases. .
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<b><i>At the Intersection:</i></b> Battling Law's Second Language
If business English ' essentially masculine English ' is the language of power and dominance, the language spoken at the table by those who have won a seat at the table, Feminenglish is the language of deference to power. How does this affect your firm?
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Drone Financing Opportunities Emerge As FAA Creates New Drone Regulations
Is financing or leasing drones a flight of fancy or a real business opportunity for lenders and lessors? In this article, we show that, properly structured, opportunities for financing and leasing commercial drones exist today, but will grow rapidly in the foreseeable future for lenders and lessors ("financiers") as the drone industry produces ever more sophisticated equipment and services.
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e-Discovery In 2016 and Beyond
Electronic discovery is an ever-changing part of the legal profession. Just when lawyers and their clients feel as though they've mastered the discovery of digital evidence, the rules change or technological advances make e-discovery an even greater challenge.
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A Practical Primer on Enterprise Legal Management
During the past 30 years, corporate legal departments made the move from paper case files, word processing documents, and Excel spreadsheets to what is now the industry standard: enterprise legal management (ELM). This article offers a primer about the primary components of ELM, its cost savings, its benefits, and the relationship between corporate IT and legal departments.
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Cost Recovery in 2016
2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.
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<b><i>Case Study</b></i>LAZINGA!: An Advanced Online Directory for Legal Professionals
My law firm is always looking for ways to simplify day-to-day processes. This includes having the most up-to-date software systems, streamlined and manageable billing systems, and the most cost effective ways to resource qualified temporary and permanent staffing.
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Top Security Intrusion Trends the Legal Community Should Watch
Lawyers are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters. Legal counsel, as trusted neutral advisors, are uniquely qualified to help navigate risk considerations and bridge customer deliverables and workforce expectations with adequate security and shifting legal requirements. As a result, it is important that lawyers understand the latest trends in cyber intrusions.
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They're With Us!
Recently, faced with pressure to increase efficiency, companies have increased their dependence on outside entities to complete tasks that were once reserved for in-house employees. How does this affect the attorney-client privilege?
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MOST POPULAR STORIES
- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
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- DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps RingingDOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.Read More ›