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The U.S. Bankruptcy Court for the Southern District of New York recently issued a decision in In re Coudert Brothers LLP, No. 06-12226 (RDD), 2007 Bankr. LEXIS 4003 (Bankr. S.D.N.Y. Nov. 21, 2007) concerning the treatment of an attorney's retaining lien in the bankruptcy of a law firm. The decision does not alter the analysis that would obtain under applicable state law, and serves as an important reminder to attorneys that their liens to secure payment of amounts owed by clients and former clients depend on state law and are not enhanced in the bankruptcy setting.
Attorneys' Liens Under NY Law
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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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