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Features

The FRCP Rule 9(b) Standard In False Claims Act Cases Image

The FRCP Rule 9(b) Standard In False Claims Act Cases

Michael A. Sirignano

In recent years, federal circuit courts of appeals have set forth somewhat different standards that civil FCA complaints brought by private citizens, known as relators, must meet to satisfy Rule 9(b) — especially regarding whether representative examples of allegedly fraudulent claims must be included in a complaint.

Features

California 'Right to Know Act' Sets Off Alarm Bells Ring for Privacy Experts Image

California 'Right to Know Act' Sets Off Alarm Bells Ring for Privacy Experts

Isha Marathe

While state data privacy legislation is picking up across the U.S., a California bill that recently passed the State Senate and has remained largely under the radar, has some privacy experts raising alarm bells.

Features

Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders Image

Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders

Joel H. Levitin & Richard A. Stieglitz Jr.

It seems clear that bankruptcy filings inevitably will increase in the near future, because of rising interest rates, pandemic-related micro-economic forces, global strife, and other macro-economic factors and their continuing strain on the global economy and individual businesses. Consequently, strategic buyers and private equity sponsors should find expanding opportunities to purchase distressed businesses out of bankruptcy.

Features

Top Law Firms Look to Invest Profits In Future Success Image

Top Law Firms Look to Invest Profits In Future Success

Dan Packel

There's no doubt that much of the legal industry's profit gains are simply the result of surging demand. But smart firms were also able to harness booming demand to push through rate increases, owing to clients who were desperate to see their deals go through. There's no doubt that the firms taking advantage of this confluence are in an enviable position. That doesn't mean they are sitting on their laurels.

Features

Long Term Demand Should Shield Commercial Real Estate from Inflation Impact Image

Long Term Demand Should Shield Commercial Real Estate from Inflation Impact

Lynn Pollack

The U.S. economy is "still strong" and will support commercial real estate space demand, though inflation will remain a multi-year headwind, forcing the Fed to tighten monetary policy. And though rising interest rates may restrain CRE transaction activity, it won't be on a broad basis, with effects most visible in the property types and markets with the most aggressive pricing run-up over the last few years.

Features

Companies Need to Focus On Compliance to Protect Against Aggressive Post COVID-19 White-Collar Prosecution Image

Companies Need to Focus On Compliance to Protect Against Aggressive Post COVID-19 White-Collar Prosecution

G. Zachary Terwilliger

Consider another paradox of the post-COVID world: The pandemic that initially disrupted federal prosecution of corporations has now heightened potential exposure in a number of areas. This is especially the case for those organizations that took advantage of government aid or today struggle to navigate snarled global supply chains.

Features

Legal Tech: Can Claiming Incompetence Save You from Spoliation Sanctions? Image

Legal Tech: Can Claiming Incompetence Save You from Spoliation Sanctions?

Eric P. Mandel

A recent opinion in Illinois raises the question of whether spoliating parties should be encouraged to present the following defense at trial: "Ladies and gentlemen of the jury, yes the main evidence of this case has been destroyed, but it's only because my client and my law firm are completely incompetent when it comes to preserving electronic evidence."

Features

The Interplay Between Vendor Finance Agreements and Bankruptcy Image

The Interplay Between Vendor Finance Agreements and Bankruptcy

Ann Pille, Richard Tannenbaum, Alexis Leventhal & Emily Costantinou

While regularly used among lenders, manufacturers, and dealers, treatment of Inventory financing program agreements in bankruptcy is not uniform, and uncertainty exists with respect to how such agreements may be treated in the context of a manufacturer's Chapter 11.

Features

Commercial Assets Feel Pinch of Climbing Interest Rates and Inflation Image

Commercial Assets Feel Pinch of Climbing Interest Rates and Inflation

Erik Sherman

Inflation revs up the acceleration engine and, as a response, the Fed makes the biggest single hike in interest rates in four decades, with the promise of more to come. The changes in monetary policy are causing rising issues for capital markets and financing for commercial real estate.

Features

Current Economic Climate Likely to Cause Law Firms to Offer Flexible and Creative Fee Arrangements Image

Current Economic Climate Likely to Cause Law Firms to Offer Flexible and Creative Fee Arrangements

Nicole R. Rekant & Stevan J. Pardo

The current economic climate will incline lawyers, specifically litigators, to rethink their fee structures. With inflation at a 40-year high, residential and commercial rents rising, and a predicted looming recession, clients are tightening their budgets, but also demanding the same level of service and results from their attorneys.

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