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Confronting the Forensic Facts
January 26, 2010
A pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause, <i>Crawford v. Washington</i> and <i>Melendez-Diaz v. Massachusetts</i>, have given criminal defense attorneys potent new weapons to challenge forensic evidence proffered by the government
DOJ, Heal Thyself
January 26, 2010
The uptick in implosions of high-profile criminal cases has been cause for concern among the DOJ's most ardent supporters. Policymakers need to ask whether the DOJ is doing as much to mitigate its own risks of employee misconduct as it requires of the companies it investigates and prosecutes.
Credit (Bid) Where Credit's Due
January 25, 2010
This article concludes last month's article on the ability of a secured creditor to credit bid its claims at a sale under ' 363(k) or ' 1129(b)(2)(A)(ii).
The Intersection of Receiverships and Bankruptcy
January 25, 2010
The intersection of bankruptcy and federal and state receiverships has become a fairly regular occurrence around the country. Cases from Florida, Georgia, Minnesota, New York and Oregon evidence that such incidents are taking place all across the country. There is a tension reflected in some of the cases between the primacy of the orderly and well-developed bankruptcy structure as compared with the much less structured alternative of receivership proceedings.
<b><i>BREAKING NEWS:</i></b> Gay Marriage Falls in New Jersey Senate
January 07, 2010
The New Jersey state senate has voted down the gay marriage bill 20-14, according to the Associated Press and <i>The Huffington Post</i>.
Do You Give Samples?
January 07, 2010
Every so often, in a particular area of a professional practice, somebody gets the bright idea to give samples ' to give a half hour of free advice as a way to entice a prospective client to ask for more. Two questions arise. Is it ethical? Is it good marketing? The unqualified answer to both is ' it depends.
BUSINESS DEVELOPMENT REQUIRES AN UNDERSTANDING OF BUSINESS
January 04, 2010
BUSINESS DEVELOPMENT REQUIRES AN UNDERSTANDING OF BUSINESSJ Relationships lead to successful legal sales. The annual 2009 Inside Counsel Survey on Legal Department Operations builds on the importance of understanding business. The survey found that the top three attributes that in-house counsel find most important to managing their departments are business acumen, legal department knowledge and financial acumen. Relationship building and gaining an understanding of a client or prospect's business are areas of law selling that aren't often fully explored.
<i><b>Online Exclusive: </b></i> Craigslist/eBay Trial Ends; Judge Hints at Settlement Talks
December 22, 2009
At the close of a nearly two-week nonjury trial between Internet titans eBay Inc. and Craigslist, Chancellor William B. Chandler III hinted that the companies might consider settlement talks because a ruling from the judge could "make everyone unhappy.
Bit Parts
December 21, 2009
Country Artist's Bankruptcy Filing Not in Bad Faith<br>Permanent Injunction Against File-Sharer Tenenbaum Is Limited, But Judge Details Criticism of Fair Use Defense
Practice Notes
December 21, 2009
Vivendi Counsel on Merger Between NBCU and Comcast<br>General Counsel for Live Nation Describes Team

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