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The Consequences of Imperfect Foreclosure Affirmations Image

The Consequences of Imperfect Foreclosure Affirmations

Stewart E. Sterk

Where the borrower's default is not in dispute, the First Department appears to have recognized that there is little reason to delay the inevitable foreclosure. Discussion of a case in point.

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Workplace Bias and Gender Pay Equity in Silicon Valley, 2017 Image

Workplace Bias and Gender Pay Equity in Silicon Valley, 2017

Eric Akira Tate & Kathiana Aurelien

It was only a couple of years ago that a jury rejected Ellen Pao's gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. Now, issues of bias and pay equity are again taking center stage, with almost daily media reports about Silicon Valley's gender problem and a continuing list of companies and notable Silicon Valley figures being taken to task with allegations of inappropriate conduct toward women.

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Substantive Non-Consolidation Opinion Letters: Advice for Bankruptcy Counsel Image

Substantive Non-Consolidation Opinion Letters: Advice for Bankruptcy Counsel

Paul A. Rubin & Hanh V. Huynh

Substantive non-consolidation opinion letters have long been a regular "check-the-box" item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.

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Teaching an Old Dog New Tricks: Business Process Management and Law Firms Image

Teaching an Old Dog New Tricks: Business Process Management and Law Firms

Zachary Beauchemin & Alisha DiGiandomenico

Though traditionally considered laggards when adopting new technology, law firms have recently started to explore new tricks to fortify performance across their organizations. While this evolution is critical to a firm's survival, it's important that firm administrators understand that substantive improvements are only possible through multi-directional change.

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Lack of Gender-Diverse Partnership: Is It the Woman or the Firm? Image

Lack of Gender-Diverse Partnership: Is It the Woman or the Firm?

Daniella Isaacson

<b><i>Data-Driven Research by ALM Intelligence Suggests Three Reasons Why Gender-Diverse Partnership Fails</b></i><p>It is now common knowledge that female headcount within the ranks of Big Law partnership, both equity and non-equity, has held steady for the past few years at around 20%. The obvious question is, why?

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Second Circuit Directs Consideration of an 'Efficient Market' Interest Rate for <b><i>Momentive</i></b> Cramdown Plan Image

Second Circuit Directs Consideration of an 'Efficient Market' Interest Rate for <b><i>Momentive</i></b> Cramdown Plan

Robert W. Dremluk

On Oct. 20, 2017, the U.S. Court of Appeals for the Second Circuit, in Momentive Performance Materials, Inc. v. BOKF, NA (In re MPM Silicones, L.L.C. "MPM")…

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When Lack of Informed Consent Is Not the Issue Image

When Lack of Informed Consent Is Not the Issue

Janice G. Inman

When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.

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Exclusion of Evidence: The FDA's 510K Process Image

Exclusion of Evidence: The FDA's 510K Process

Janice G. Inman

In a drug or medical device injury case, one of the defense's most potent arguments often is that the product in question underwent FDA approval. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.

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Don't Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions Image

Don't Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions

Robert J. Stefani

This article discusses the characteristics of maritime liens, the priority of these liens in relation to the desired first-priority secured position of a lender or lessor, and prudent practices for assessing and mitigating the risks posed by such liens.

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All Digital Assets Are Not Legally Equal Image

All Digital Assets Are Not Legally Equal

Jonathan Bick

The Internet has generated a new set of assets known as "digital assets." Broadly defined, a digital asset is an electronic record in which an individual has a right or interest. This definition erroneously implies that digital assets should be treated as a legally equivalent set of assets when, in fact, failure to differentiate digital assets into one of three distinct classes will result in legal difficulties.

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