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Open Questions Regarding Disallowance Under Section 502(d)
June 01, 2020
The intra-district divide in the Southern District of New York continued to deepen on the issue of whether claims disallowance under section 502(d) of the Bankruptcy Code applies to the claim or to the claimant.
"VARA-90": What Landlords Can Do to Stop the Aerosol Spread … of Graffiti Artists' Claims
June 01, 2020
How did the artists qualify for protection under the Visual Artists Rights Act, how could the owners know whether the artists had achieved "recognized stature" warranting prevention of their works' destruction, and what could the owners have done to avoid liability while retaining the right to dispose of their properties as they saw fit?
Small Law, Big Changes: The Coming Disruption in the Legal Industry
June 01, 2020
The billable hour is still profitable from a transactional perspective, but from a strategic perspective, in today's economy, that profitability has begun to erode. That's because our economy has fundamentally transformed into a service economy that is based on leverage and scale.
Legal Tech: Legal Departments Leaving Light On for E-Discovery Providers Willing to Renegotiate
June 01, 2020
In the COVID-19 economy, in-house legal departments will likely continue to insource many of their e-discovery needs since the same staff can often be used to perform other vital office functions. However, some departments may use this as an opportunity to try and negotiate lower prices with outside e-discovery providers.
Players On the Move
June 01, 2020
A look at moves among attorneys, law firms, companies and other players in entertainment law.
You've Made Your Bed, Now Lie In It – Binding Settlement Agreement Defeats A Post-Settlement Judgment
June 01, 2020
Holding that the parties' executed agreement mooted the issues in the case, the Federal Circuit recently reversed a district court's decision to grant summary judgment of non-infringement despite the parties' agreement. The decision builds upon prior Federal Circuit case law giving effect to settlement agreements.
Prosecuting PPP Fraud May Be Harder Than It Seems
June 01, 2020
This article discusses what tools the government has for pursuing seemingly undeserving PPP borrowers, the obstacles to bringing such cases, and the factors that may influence the government's decision in pursuing criminal or civil cases.
COVID-19 Downturn Likely Won't Impact Health of Law Firm Billable Hour
June 01, 2020
Not even the economic downturn imposed by the COVID-19 virus may be able to take credit for eliminating the billable hour. While attorneys could be relying more on legal tech to help defray costs, transitioning to a new pricing infrastructure in the midst of so much uncertainty could prove to be a bridge too far.
Legal Tech: As Bankruptcies Grow, E-Discovery Counsels' Work May Become More Challenging
June 01, 2020
Businesses reeling after multiple international stay-at-home mandates are finding themselves out of options and filing for bankruptcy. The situation has led some law firms to cash in on bankruptcy service, and made many cautiously optimistic that the bankruptcy practice will be in high-demand during the current recession.
Preparing for State Bankruptcies
June 01, 2020
It's no secret that major law firm bankruptcy practices are ramping up for a historic rise in Chapter 11 filings as industries are battered by the COVID-19 pandemic. Controversial comments by Senate majority leader Mitch McConnell in April raised the possibility that restructuring lawyers could also gain a new clientele: state governments.

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