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In the Courts
February 27, 2012
Analysis of recent cases of importance.
The Use of the Travel Act to Prosecute Foreign Commercial Bribery
February 27, 2012
The <i>Carson</i> case, which is not scheduled to go to trial until mid-2012, has already featured several challenges to the U.S. government's prosecution of foreign bribery.
Changing the Game
February 27, 2012
As an initial matter, it is patent that, following <i>Global-Tech</i>, the law on willful blindness in most circuits ' at least as reflected in pattern jury instructions ' must change.
The Personal Benefit Test in Misappropriation Cases
February 27, 2012
Is the benefit test a separate element of liability or an aspect of another element, like breach of duty or scienter? And what counts as a sufficient "benefit"?
Contingent Fee Intake Guidelines
February 27, 2012
In deciding whether to accept a contingent fee case, your firm should approach this issue as it would any other decision regarding an investment of the firm's resources.
Paying and Transitioning Leaders
February 27, 2012
When a law firm asks an individual to step forward on behalf of the group, it is incumbent on the group to define the scope, authority and expectations for the leadership position. In addition, there should be mechanisms in place to evaluate leadership performance, provide feedback and appropriately adjust compensation.
On the Move
February 27, 2012
Who's doing what; who's going where.
Offshore, But Not Off-Center
February 27, 2012
The recent insolvencies of offshore-based mutual funds have presented challenges for international comity when it comes to the complex issues of cross-border insolvency.
Choppy Waters in the Safe Harbor for Shareholders of Failed LBOs?
February 27, 2012
In this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...
Update on Bankruptcy Preference Insider Liability
February 27, 2012
The Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.

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