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'Hell or High Water' Clause
Little embellishment is needed to describe the devastation wrought by Superstorm Sandy upon the East Coast, particularly the New York/New Jersey area. Alas, too many residents and businesses alike are still painfully inching toward recovery from this unprecedented natural disaster. And now, as if Sandy did not cause enough damage, it has the temerity to become the basis for a new legal precedent.
The case in question is grounded upon two very fundamental precepts of contract law. The first is that performance under a contract is excused when such performance is rendered impossible. To be sure, courts have consistently set the bar rather high for claiming that defense, by distinguishing impracticality or mere inconvenience, which is not an excuse, from true impossibility, which is more forgiving of a failure to perform.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.