Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed. Here's why.
December 31, 2015John L. Tate
Recently, in In re Revel AC, Inc., the Third Circuit provided guidance on "how to conduct a balancing of the stay factors." While the court's analysis in Revel was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.
December 31, 2015Brian L. Shaw and Allison B. HudsonLike many others, parties engaged in or deriving income from the legal commercialization of medical marijuana, either directly or through another party are not immune to financial distress, and sometimes, seeking bankruptcy relief may be strategic or necessary. Unfortunately, Marijuana-Related Parties have found elusive the protections and benefits under the Bankruptcy Code.
December 31, 2015Robert C. YanMore than ever before, in-house counsel are focused on and willing to devote resources to cybersecurity, a comprehensive survey from the Association of Corporate Counsel (ACC) found. But many have yet to take the necessary steps to ensure their data is protected. As the survey and anecdotes from general counsel show, for many companies, it isn't until after a data incident that they address what areas need shoring up.
December 31, 2015Gina PassarellaLast month, we discussed the fact that many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. We discussed eight key points, the last of which was that generally, employees cannot agree to waive rights under the Labor Code. We conclude herein with points 9 through 16.
December 31, 2015George F. CamerlengoFiling Chapter 11 is a very expensive proposition these days. The filing fees, coupled with the astronomical attorneys' and special litigation counsels' fees, plus the accountants' fees, are just a few of the expenses for a debtor-in-possession ("DIP"). So what does this mean for us as equipment lessors?
December 31, 2015Deirdre M. RichardsThe voluntary payment doctrine, which supposedly bars a party from recovering payments made erroneously but voluntarily, has reared its head once again in the real estate context, this time in Drmak Realty, LLC v. Progressive Credit Union.
December 31, 2015Stewart E. SterkOne of the greatest investments a firm can make is to train its talent ' its lawyers. What better way to begin a new year than a firm's management team getting behind a meaningful business development training program?
December 31, 2015Sharon Meit AbrahamsDiscussion of six cases and their verdicts.
December 31, 2015ALM Staff | Law Journal Newsletters |