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Professional Fees May Not Be Capped by Standard Carve-Out Provisions
April 02, 2017
Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.
Do <i>Daubert</i> Motions Really Work?
April 02, 2017
<b><i>Part One of a Three-Part Article</b></i><p>Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort. Two recent studies shed new light on these attitudes.
<i>Counsel Concerns</i><br>Athletes' Lawyer Sues Co-Counsel Over Fees from Video Game Cases
April 02, 2017
A New Jersey lawyer claims in a legal complaint that the law firm Hagens Berman Sobol Shapiro shortchanged him on fees from a $60 million settlement of class action suits that had been brought behalf of college athletes over the use of their names and likenesses in video games.
Is Your Firm's Partner Compensation Spread Too Narrow?
April 02, 2017
It is fast becoming an imperative for elite firms to widen the range of their partner compensation. Too narrow a range allows competitors with wider ranges…
The Internal Audit Function
April 02, 2017
The International Professional Practices Framework released last year by the IIA is intended to provide guidance for internal auditors, by seeking to focus on core principles. The framework identifies 10 core principles that describe or guide what an effective internal audit function should focus upon and to what it should adhere.
Immigration Status, Divorce and Removal: What Is the Standard of Review?
April 02, 2017
Although immigration law need not be an area of expertise in a family law practitioner's toolbelt, it doesn't hurt to have some knowledge of the ins and outs of this system when presented with a client facing possible removal from the United States because a marriage was short-lived.
Split Ninth Circuit Requires Default Interest to Cure Default
April 02, 2017
A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit.
<b><i>Daubert</i></b> Motions Really Do Work
April 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and <I<Daubert</I> is the form and content of the witness's disclosure under Federal Rules of Civil Procedure (FRCP) 26(a)(2). Here's why.
Got a Negative Online Review? First Things First: Turn Off Your Attorney
April 02, 2017
It happened. Some current or former client had the gall to write something less than flattering about you online. What do you do? The first thing to do, and this can be the hardest thing for attorneys, is to turn off your attorney. Feedback can be hard to take.
<b><i>Media & Communication:</i></b> Getting Busy Lawyers to Market
April 02, 2017
When lawyers are "too busy with work" to spend their time marketing, that is usually when they are most worthwhile to market. When lawyers are without work and banging down your door for help, that is when they are the least marketable and most challenging.

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