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Safe Harbor Defense Bars Creditors' State Law Fraudulent Transfer Claims

June 01, 2016

Creditors of a Chapter 11 debtor asserting "state law, constructive fraudulent [transfer] claims ' are preempted by Bankruptcy Code Section 546(e)," held the U.S. Court of Appeals for the Second Circuit on March 29, 2016.

Lessons from My Dad

June 01, 2016

The author learned a great many lessons from his late father. In this article, he mentions several things that have helped him considerably throughout his professional marketing career, and that he frequently passes along to others at various stages of their professional development.

The Tyson Foods Ruling

June 01, 2016

The Supreme Court's recent decision in Bouaphakeo v. Tyson Foods was decidedly not the sweeping ruling many practitioners anticipated. Nevertheless, the decision provided useful guidance for class-action litigants regarding the proper use of representative evidence.

Case Notes

June 01, 2016

What happens to a tenant's right to retrieve or be compensated for trade fixtures when a landlord's property is taken by a government entity through eminent domain? A look at a recent case.

Embracing Culture As a Path to Survival

June 01, 2016

Regardless of how technology continues to help the legal industry reinvent itself from a mature industry to a young and thriving one, culture and people will remain a key driver of any firm's long-term success. As a strategic imperative, creating a constructive culture of success takes much more than words with no actions. .

Med Mal News

June 01, 2016

In March, Arizona became the first state to undercut the FDA's new guidelines on use of the abortion-inducing drug Mifepristone.

Bilingual Trials

June 01, 2016

With the growth in international commerce and diversity of the United States population, leasing counsel are increasingly finding themselves dealing with bilingual trials. Here is what you need to know.

Cameo Clips

June 01, 2016

Groundbreaking App Privacy Ruling Songkick Injunction Bid Over Presales Rejected

Online Extra: Google Defeats Oracle in $9 Billion Copyright Case

May 30, 2016

A San Francisco federal jury has sided with Google Inc. in its copyright clash with Silicon Valley rival Oracle Corp.

BREAKING NEWS: Obama Signs Trade Secrets Act Into Law

May 12, 2016

President Barack Obama signed the Defend Trade Secrets Act of 2016 into law on May 11, giving companies the ability for the first time to use federal law to sue those who misappropriate their confidential information.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Law Firm Management
The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel Management
Legal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Artificial Intelligence
When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
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