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How to Use and Not Lose Experts in Criminal Cases
May 26, 2009
Rare is the white-collar case today where an expert witness does not play a powerful role. But the vagueness in expert disclosure rules in criminal cases can lead unwary defense counsel to forfeit an expert entirely.
Cap on Legal Fees in Bankruptcy Alarms Firms
May 26, 2009
Lawyers representing directors and officers of IndyMac Bancorp Inc. are attempting to remove a cap on their billing rates, the latest example of how judges are scrutinizing hourly fees in large bankruptcies.
Intercreditor Dynamics in Bankruptcy
May 26, 2009
When a creditor enters the realm of bankruptcy, lenders often find that the many detailed provisions of an extensively negotiated intercreditor agreement are no longer controlling. On the contrary, the intercreditor agreement may have little influence on the outcome of many critical matters that arise in bankruptcy.
Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale
May 26, 2009
Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.
Considerations of Examiner Appointments in Bankruptcy Actions
May 26, 2009
Examiner appointments in Chapter 11 bankruptcy cases are uncommon, and despite Judge Peter J. Walsh's statement that he had appointed an examiner only two or three times during his career as a bankruptcy judge, he recently ordered the appointment of an examiner in <i>In re DBSI, Inc.</i>
ATTORNEY MARKETING IN THE CURRENT ECONOMY
May 19, 2009
ATTORNEY MARKETING IN THE CURRENT ECONOMY - There's a big theme underlying current legal business headlines. And the underlying question is can large firms ever again support the notorious salary structures and leverage strategies of the past? My own experience confirms that mid-and smaller law firms clearly sense a chance to really thrive in this environment. For corporate and agency clients meeting with legal sales teams, the big firm "safety sell" may be neutralized as clients&#133;
Bit Parts
April 30, 2009
Copyright Infringement/Parody<br>Mechanical Licenses/Prospective Song "Holds" <br>Right of Publicity/"Non-Commercial" Purpose<br>Sampling Licenses/Song Infringement
Labels Attack Music Search Engines
April 30, 2009
Lawyers scurried to San Jose, CA, bankruptcy court in April to argue over the remains of SeeqPod Inc., the first big casualty on the newest front in the legal war between the record industry and the Internet.
Cameo Clips
April 30, 2009
COPYRIGHT INFRINGEMENT/JURY INSTRUCTIONS<br>TRADEMARK USES/QUALITY CONTROL
A Look at Law That Restricts Non-Competes In Broadcasting
April 30, 2009
New York broadcast employees who otherwise have been subject to restrictive non-compete clauses in their employment contracts are the prime beneficiaries of the Broadcast Employees Freedom to Work Act, NY Labor Law '202-k, signed into law in 2008 by Governor David Paterson. The law forbids some, but not all, attempts by employers in broadcasting media to restrict the range of opportunities for certain employees following the termination or expiration of employment. Similar legislation benefiting broadcast industry employees has been passed in Arizona, Illinois, Massachusetts, Maine and Washington, DC; and non-compete provisions are banned in California.

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