Features
Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of 'Wengui v. Clark Hill'
The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not protected by attorney-client privilege.
Features
California Court of Appeal Rules on Formerly Licensed Attorney Who Continued as Talent Manager
Conflict of interest is a red-flag concern when an attorney becomes a talent manager. But what happens when a formerly licensed attorney continues to provide management services for talent?
Features
Foreclosure Statute of Limitations
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York's court system in the aftermath of last decade's mortgage crisis.
Features
No Delay for Weinstein Victims Trust Plan
A U.S. District Court Judge for the District of Delaware judge ruled not to grant a motion that would have stayed a liquidation plan setting aside $17 million to settle with those who have claimed sexual misconduct by former film industry executive Harvey Weinstein.
Features
Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical
Chapter 15 specifically allows foreign representatives to conduct discovery in the U.S., but be wary of other entities that seek to distract and/or delay the Foreign Representative from the asset search.
Features
10 Tips for Navigating the Commercial Tenant Bankruptcy Process
Retail, entertainment and hospitality have been hit particularly hard by government-mandated COVID-19 shutdowns. For many, the road ahead will end in, or lead through, bankruptcy. Bankruptcy law has a language of its own, making it challenging to navigate the process for everyone involved, including for the landlords of bankrupt businesses worried about missing rent payments.
Features
Federal Public Corruption Prosecutions
This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions.
Features
Say What? Are PTAB Judges Really 'Inferior Officers'?
United States v. Arthrex, Inc. Proving that even the driest of constitutional issues can have significant practical effect, the U.S. Supreme Court recently heard argument in United States v. Arthrex. Before the Court was whether administrative judges of the PTAB have been appointed unconstitutionally.
Features
Foreclosure Statute of Limitations
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York's court system in the aftermath of last decade's mortgage crisis.
Features
Appellate Courts Split On Bankruptcy Ownership of Malpractice Claims
Judicial hair-splitting, when applying state law to federal bankruptcy cases, creates only uncertainty.
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