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Supreme Court Set to Address Procedural Inconsistencies and Claims of Unconstitutional Vagueness Attributed to CAFC Image

Supreme Court Set to Address Procedural Inconsistencies and Claims of Unconstitutional Vagueness Attributed to CAFC

Howard Shire & Di’Vennci Lucas

The U.S. Supreme Court is set to commence its term on October 6. Among the cases it will review are several appeals concerning copyright and trademark law. One notable case seeks to address procedural inconsistencies and claims of unconstitutional vagueness attributed to the U.S. Court of Appeals for the Federal Circuit.

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Michigan Appellate Court Ruling Provides Guidance On Restructuring for Cannabis Companies Image

Michigan Appellate Court Ruling Provides Guidance On Restructuring for Cannabis Companies

Marianna Wharry

A three-judge panel for the Michigan Court of Appeals held last month that receivers directing insolvent marijuana companies can reject burdensome leases and disregard contract provisions that could lead to widespread defaults.

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Bankruptcy Judges Struggle With Meaning of ‘Consensual Release’ Post-Purdue Image

Bankruptcy Judges Struggle With Meaning of ‘Consensual Release’ Post-Purdue

Seth H. Lieberman & Amanda M. Schaefer

Following the U.S. Supreme Court’s 2024 decision in Purdue, which held that nonconsensual third-party releases are impermissible under the Bankruptcy Code, bankruptcy judges across multiple jurisdictions have been grappling with what constitutes a “consensual” release. Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024). This article analyzes how different judges have defined “consent” and provides guidance on best practices for structuring third-party releases.

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Fourth Circuit: Subject-Matter Jurisdiction In Bankruptcy Depends On Statute, Not Debtor Solvency Image

Fourth Circuit: Subject-Matter Jurisdiction In Bankruptcy Depends On Statute, Not Debtor Solvency

Francis J. Lawall & Michael A. Sabino

The Fourth Circuit’s opinion focused on answering the core question presented — whether jurisdiction is determined by statute, rather than by a debtor’s financial condition. It reasoned that since the Constitution grants Article III power over “all cases arising under the laws of the United States” and the Bankruptcy Code is a law under the United States, the petition to reorganize under Chapter 11 of the Bankruptcy Code is clearly within the judicial ambit of the U.S. Bankruptcy Court.

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Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable Image

Ninth Circuit Rules that Decision Reimposing the Automatic Stay is Immediately Appealable

Daniel A. Lowenthal & Maxwell K. Weiss

In 2020, the Supreme Court ruled that a bankruptcy court’s decision to lift the automatic stay of pending litigation imposed by the Bankruptcy Code is a final, appealable order. But what if a bankruptcy court lifts the stay and later reimposes it? Is the latter order also immediately appealable, or is it considered interlocutory?

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An Innovation Mindset Improves Client Satisfaction and Retention, But What About Profits? Image

An Innovation Mindset Improves Client Satisfaction and Retention, But What About Profits?

Jon Campisi

As law firms explore technological advancements ranging from generative AI to improved billing software, experts caution against having unrealistic expectations of immediately increased profitability, but they emphasize that an innovation mindset will improve client satisfaction and retention.

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Performance, Not Size, Leads to Growth In Today’s Market Image

Performance, Not Size, Leads to Growth In Today’s Market

Eric Thurston

In today’s market, growth is no longer a function of how big you are, but how well you perform — how quickly you can make informed decisions, respond to shifting client needs, and align the entire firm around a shared vision of success. The firms that pull ahead over the next five years won’t be the ones with the most lawyers or the flashiest marketing budgets. They’ll be the ones that master the art and science of firm performance.

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Transparency Is a Leadership Imperative In Today’s Environment Image

Transparency Is a Leadership Imperative In Today’s Environment

Jennifer Simpson Carr & Brenda Plowman

In an environment where silence often breeds suspicion, and ambiguity opens the door to distraction and misinformation, law firm leaders cannot afford to treat transparency as optional. Transparency is often seen as a communication tactic or a box to check; however, in today’s environment, it’s a leadership imperative.

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5 Ways Law Firms Are Optimizing Their Back Office Image

5 Ways Law Firms Are Optimizing Their Back Office

Tim Haught

Forward-thinking firms are reimagining the back office. By centralizing support functions, adopting technology, and making data-driven decisions, they are creating scalable, flexible, and resilient operations. The result? Higher productivity, improved client service, and stronger career pathways for staff. Here are 5 of the top strategies firms are implementing to optimize their back office.

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How Lawyers Can Deliver More Value and Reduce Risk In Transactional Work Image

How Lawyers Can Deliver More Value and Reduce Risk In Transactional Work

Kathryn Lye

Firms that enable lawyers to practice at the top of their license by embracing smarter workflows and AI-driven systems that enhance human judgment aren’t just more efficient; they’re setting a new standard for excellence, reducing risk for clients, and elevating the role of the lawyer.

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