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Challenges for Real Estate Lenders When Borrowers Default
February 01, 2021
During periods of distress in the real estate industry, if a lender is not going to enter into a consensual workout or loan restructuring with their defaulted borrower, the lender will be presented with the choice of either enforcing rights under its loan documents or marketing and selling the distressed loan.
Law Firms Renegotiating Leases to Reflect 'New Normal'
February 01, 2021
As their commercial leases approach expiration and renewal, law firms are renegotiating the future of in-office legal work. For many, the "new normal" will feature an efficient floor plan that deemphasizes personal offices while paradoxically accommodating a growing attorney headcount.
Does Corporate Attorney-Client Privilege Extend to Company Executive?
February 01, 2021
The question of when does company counsel also represent a company executive often comes up in white-collar issue investigations.
Best Practices for Virtual Internal Investigations
February 01, 2021
In order to ensure that remote internal investigations are probative and effective, companies and their outside counsel should employ a few simple and practical practices.
Considerations When Entering Into a Tolling Agreement
February 01, 2021
Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject's best interest presents a difficult question, and COVID-19 has impacted the calculus.
Leveraging Data to Drive Innovation in A Post-Pandemic World
February 01, 2021
With a new year and fresh outlook for the future, the time is ripe for legal technologists and innovators to take the delivery of legal services and client experience to the next level. One key is recognizing that successful innovation is equal parts mindset, method and message.
Perfecting Notice and Saving $$
February 01, 2021
The number one goal to save money while perfecting notice should be elimination of the production and mailing of paper notices while expediting notice delivery and eliminating postage costs.
U.S. Supreme Court Allows Repossessing Secured Lender to Hold Collateral Pending Bankruptcy Stay
February 01, 2021
A secured lender's "mere retention of property [after a pre-bankruptcy–repossession] does not violate" the automatic stay provision of the Bankruptcy Code, held a unanimous U.S. Supreme Court in City of Chicago v. Fulton.
Shielding Retainer Fees Prior to Client's Bankruptcy
February 01, 2021
Which type of retainer agreement gives attorneys the best chance to preemptively shield their retainer fees before a client ends up in bankruptcy or the Department of Justice seizes and forfeits the client's assets?
Privacy Issues In Bankruptcy Proceedings
February 01, 2021
Due to the COVID-19 pandemic, some businesses are considering potential liquidation or restructuring through bankruptcy. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges.

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