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Asset Protection, Pre-Bankruptcy Planning and Code §727(a)(2)(A)
April 01, 2020
This article examines asset protection and pre-bankruptcy planning and its impact on a debtor's discharge through Bankruptcy Code §727(a)(2)(A).
Construction Management Agreements: Pricing
April 01, 2020
This article covers the pricing of construction management agreements (CMAs), including the fee of the construction manager, general conditions costs, subcontract costs, contingency and insurance. Note: Where appropriate, we will make distinctions between "cost-plus" and guaranteed maximum price (GMP) CMAs.
Case Notes
April 01, 2020
Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
Client Maximization: Doing Well by Doing the Right Things
April 01, 2020
Making the most of your firm's client base need not be a costly undertaking. There are several steps a firm of any size can undertake to improve client experiences, ultimately, while also increasing the firm's chances of thriving.
The Importance of 'Particulars' in Criminal Fraud Cases
April 01, 2020
This article discusses the standard for ordering a bill of particulars in the Second Circuit, drawing a comparison with the standard for civil fraud claims, and then describes a recent decision ordering a bill of particulars in the high-profile prosecution growing out of the Theranos blood-testing scandal. The decision in that case highlights the importance of seeking bills of particulars in fraud cases.
A New Regime in Preference Litigation
April 01, 2020
One of the provisions of the Small Business Reorganization Act amends the language of Bankruptcy Code Section 547 — which gives trustees and debtors in possession the right to seek to recover a payment to a third party in the 90-day period prior to the commencement of a bankruptcy case as a "preference" — to add a due diligence requirement. Though the intent behind the added language seems clear, it may not have its intended effect.
Legal Tech: Will the U.S. Become a Haven for International Discovery Under Section 1782?
April 01, 2020
Second and Eleventh Circuit rulings are likely to expand refuge to discovery in the U.S., even for international litigation and arbitrations that don't ordinarily include discovery rights.
Selling in Times of Uncertainty
March 26, 2020
The natural instinct during times of chaos is to move into a place of scarcity. The single best gift you can offer clients is courage and confidence about the path forward.
Force Majeure and the Doctrine of Impossibility
March 26, 2020
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the "force majeure" provision.
Sales Speak: Selling in Times of Uncertainty
March 20, 2020
The natural instinct during times of chaos is to move into a place of scarcity. The single best gift you can offer clients is courage and confidence about the path forward.

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