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At the Intersection: Lawyer Assessment and Client Development

September 25, 2013

The profound changes in today's legal landscape suggest that it's time to reevaluate the utility of tools that objectively describe the operative style factors that affect lawyer success and lawyer-client business relationships.

Restrictive Covenants and Partnership Agreements

September 25, 2013

This article examines the ethics of common partnership restrictive covenants, and suggests ways for firms to ethically protect the firm's interests.

Judicial Scrutiny of Other Insurance Clauses

September 24, 2013

When overlapping primary liability policies contain different "other insurance" clauses, approaches vary by jurisdiction and degrees of intellectual rigor.

Insurance Claims for Solar Panel Defects

September 24, 2013

Recent reports of a quality crisis in the solar panel industry, following years of exploding growth and intense price pressure, have raised the specter of a wave of litigation.

A Lesson from the Snowden Manhunt

September 24, 2013

A sobering lesson to everyone who makes a certification to the government: the importance of background checks.

Compete or Enforce?

September 24, 2013

The U.S. is stepping up its criminal and civil tax enforcement in a two-pronged attack.

In the Marketplace

September 24, 2013

Who's doing what; who's going where.

Distressed Bank Restructurings

September 24, 2013

The FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.

Lessors Beware

September 24, 2013

How can an equipment lessor protect itself against having its equipment "sold out from under it" by a lessee? A discussion of <I>Textainer Equipment Management Limited v. The United States</I> and its implications..

Attachment and Perfection of Security Interests

September 24, 2013

This article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.

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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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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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Trademarks
When It Comes to Trademark Searches, AI Misses the Mark
Artificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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