Social Media: Questions of Admissibility and Ethics
<b><i>Part Two of a Two-Part Article</i></b><p>Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this article focuses on informal methods of acquisition.
RICO Suit Cites 'Weinstein Sexual Enterprise'
Add this to the growing list of legal problems facing Harvey Weinstein, The Weinstein Co. (TWC) and Miramax: Lawyers at Hagens Berman Sobol Shapiro and The Armenta Law Firm have filed a federal racketeering class action against Weinstein, the production company and the studio alleging they conspired "to facilitate and conceal [Weinstein's] pattern of unwanted sexual conduct."
Surviving the Retail Shift
<b><i>What to Do with Personal Property After a Tenant Vacates</b></i><p><i><b>Part Four of a Five-Part Series</i></b><p>The wreckage of a failed retail business often includes the tenant's personal property that remains in the leased space. Critical to evaluating what to do with this personal property is understanding the nature of that property and determining who has rights to it.
The Challenges of Regulating Employee Speech
In this article, the authors discuss some recent controversies involving employee speech and the laws governing employers' ability to regulate and respond to disruptive speech in the workplace.
Third Circuit Defines 'Received' for Section 503 (B)(9) Claims
For over a decade now, the Bankruptcy Code has granted a priority of payment with regard to creditor claims for goods received by the debtor in the 20 days before bankruptcy. A creditor merely needs to demonstrate that the debtor "received" the goods within the prescribed pre-bankruptcy interval, and its claim attains priority as an administrative expense. Ah, but therein lies the rub.
Validity of an Avoidance Claim Sale
<b><i>Third Circuit Sidesteps Ruling</i></b><p>The Third Circuit recently dismissed an appeal from "the sale of legal claims" as "statutorily moot" under Bankruptcy Code § 363(m) because the appellants "had not obtained a stay" of the effectiveness of the sale order pending appeal. Here's why this ruling is so important.
The Rise of the Travel Act
The DOJ continues to prioritize health care anti-fraud enforcement through the aggressive use of different statutes and investigative methods. Although the prosecutions and recoveries vary, between October 2016 and March 2017, "Strike Force" team efforts led to charges against 49 individuals or entities, 152 criminal actions, and more than $266.8 million in investigative receivables.
Case Notes
Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.
How Many Excess Partners Does Your Firm Have?
It is widely recognized that Big Law has surplus partner capacity. What is less well recognized is just how massive this surplus has become, how unevenly it is spread across firms in different profitability cohorts, and what it portends for when the next downturn hits.
