Sentencing Stats Show That the Trial Penalty Is Substantially Overstated In the Vast Majority of White Collar Cases
July 31, 2025
The focus of this article is on the spectrum of white collar cases in which the lawyer believes there is a credible chance of winning based not only on an assessment of weaknesses in the government’s case but also of other factors such as loss of the opportunity to favorably litigate outcome-determinative evidentiary issues. Too often in these situations defense lawyers recommend a guilty plea in the mistaken belief that conviction at trial will result in a significant trial penalty far greater than a plea bargain sentence. By reviewing empirical sentencing data we hope to dispel this widely held, but ultimately mistaken view.
Shared Office Environments Can Save Leasing Costs But Come With Risks
July 31, 2025
Sharing office space is a useful way to save on the costs of commercial leases, office supplies, and more. Although it is appealing for many, attorneys considering entering such an arrangement should be aware of the risks associated with a shared working environment. Below are some tips attorneys can consider to help protect client confidentiality and maintain other ethical obligations.
Relocating Easements
July 31, 2025
Under what circumstances can a servient owner relocate an easement? The Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
Potential Consequences of LME Strategies
July 31, 2025
Much ink has been spilled about the continued ascent of the “liability management exercise” (LME). Not to fret, this is not another LME article; rather, this article focuses on potential consequences of certain LME strategies.
Real Property Law
July 31, 2025
Claim That an Heir Executed Void Deed to Herself Not Barred By Statute of LimitationsAnticipatory Breach of Sale ContractInvalidation of Foreclosure Judgment Did Not Impair Title of Foreclosure Sale PurchaserEasement By Prescription Claim Fails, But Easement Acquired By Estoppel
New Whistleblower Rewards Program Includes Monetary Incentive
July 31, 2025
On July 8, 2025, the DOJ, the U.S. Postal Service (USPS) and the USPS Office of Inspector General entered into a memorandum of understanding creating a whistleblower rewards program “to enable whistleblowers to report specific, credible and timely information about possible federal criminal violations.” The first of its kind, it creates a monetary incentive for whistleblowers to report criminal antitrust violations involving such conduct as price fixing, bid rigging, market allocation and even certain types of predatory conduct by monopolists.
What Should Clients Do After Getting a Large Settlement?
July 31, 2025
You might have a client who has won a large judgment in court. After settling up with your firm, they have a large sum of money. Logically, they should preserve the money or put it to work providing an income for the future. How involved should you be? How involved do you want to be?
Commercial Chapter 11 Filings Down 15% in First Half of 2025
July 31, 2025
Demand in the bankruptcy portion of the restructuring practice has been a little sluggish this year as commercial Chapter 11 filings declined 15% compared to the same period in 2024, according to a new report from the American Bankruptcy Institute and Epiq.
