Court Allows Nonconsensual Releases of Third-Party Claims to Be Included In Settlement Agreement
March 31, 2025
The bankruptcy bar and courts are attempting to determine the breadth and depth of the Purdue ruling both as to what constitutes consent under a plan of reorganization and whether Purdue applies to other bankruptcy proceedings, including a sale of assets under section 363 of the Bankruptcy Code, free and clear of claims, and approval of settlements. The U.S. Bankruptcy Court for the Eastern District of Virginia recently faced these issues.
Foreclosures May Not Be Limited to Loan Payment Default
March 31, 2025
Lenders typically will only pursue foreclosure as a remedy for default if a borrower has defaulted on a real, economic term of the deal — that is, when the borrower has failed to pay principal or interest.However, a series of recent cases has illustrated that borrowers who default on terms of the loan which are unrelated to the debt itself may nonetheless face foreclosure.
Incoming Law Firm Leaders Are Not Prepared for Industry’s Transformative Period
March 31, 2025
Incoming law firm leaders are not prepared — and the stakes have never been higher. As we enter one of the most transformative periods in the legal industry, marked by an uptick in the influence and power of talent, expanding adoption of AI, major political upheaval and the much-anticipated official entrance of a Big 4 accounting firm into the legal space, the importance and impact of strategic decision-making in the upper echelon of firms has never been greater.
Shift In Foreign Corruption Policy Could Amplify Risk of Extortion for Global Businesses
March 31, 2025
The Trump administration’s shift in enforcement policy away from foreign corruption and towards the fight against Transnational Criminal Organizations (TCOs) such as drug cartels, may reduce the immediate risk to global businesses of an FCPA prosecution based on alleged extortion payments. However, the same shift raises new threats to those businesses under statutes that prohibit engagement of any kind with terrorist organizations, do not recognize an extortion defense, and may give rise to civil as well as criminal liability.
Bankruptcy Experts Debate Intersection of Mass Torts and Bankruptcy
March 31, 2025
Perhaps the debate over whether multidistrict litigation or bankruptcy is a better vehicle to resolve mass torts need not be binary. Bankruptcy experts recently discussed the increasingly busy intersection of mass torts and bankruptcy as part of a discussion sponsored by the UC Berkeley School of Law ’s Civil Justice Research Initiative.
Players On the Move
March 31, 2025
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Strategies for Promoting Lateral Hires
March 31, 2025
Firms believe they only get one chance to call attention to lateral partner hires. How the initial splash is handled with clients, as well as internal and external communications, is certainly extremely important. However, maximizing lateral hire announcements should really be viewed as a critical kick-off to the overall timeline and success of lateral integration over the first year and beyond.