Features
Is the Use of Third-Party Releases In Bankruptcy Cases Stretched Too Thin?
Third-party releases are often incorporated into the bankruptcy plan as a means of protecting nondebtor parties from litigation that is directly or even tangentially related to the debtor's business. Over the last several years, the scope and use of such third-party releases appears to have been stretched arguably to the breaking point as demonstrated in a recent and important district court decision.
Features
Ninth Circuit Issues Decision on Trade Secret Injunctive Relief
Earlier this year, the Ninth Circuit issued a decision affirming a district court's denial of an injunction following a finding of trade secret misappropriation. While the opinion is designated as unpublished — and therefore not precedential — the panel's reasoning sheds light on an important issue in trade secrets remedies.
Features
Law Firms Are Using Clawback Provisions to Stop Lateral Departures
As law firms face mounting pressure from the talent wars, many are attaching strings to their partnership agreements in order to protect their partnerships and forestall lateral departures in a high-demand market.
Features
Second Circuit 'Connolly' Ruling Shows Limits of Mail and Wire Fraud Statutes
The Connolly decision draws attention to the limits of the mail/wire fraud statutes — laws that are quite expansive but can also be stretched too far when applied to conduct in financial markets, especially markets tied to opaque rules and practices.
Features
7 Concerns for Commercial Real Estate Investors In a Volatile Market
It appears that the CRE industry is entering a period of high volatility with the Fed promising to raise interest rates, soaring inflation, the war in…
Columns & Departments
Players on the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
SEC Proposed Rules Include Disclosure of Cybersecurity Risk Assessment Strategy
Cybersecurity compliance, already an anxiety-inducing topic for many in-house counsel, is about to get even trickier. The SEC rolled out a host of proposed new cybersecurity rules for public companies.
Features
Wrestling With the Meaning of 'Ordinary' Under the Bankruptcy Code
The Bankruptcy Code protects regular, ordinary commercial transactions between distressed companies and vendors willing to continue the relationship. But what is ordinary?
Features
Comic Legends' Estates Say Pandora Streamed Routines Without License
In dual lawsuits, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions" — their standup routines — by streaming the sound recordings that embody those routines without a license to use these works.
Features
What Can the Legal Industry Learn from Baseball's Labor Dispute?
Major League Baseball just resolved a contentious dispute between owners and the players union over revenue; both parties had been at odds about how to split up the pie. The challenge of splitting up the pie in law firms is going to become an increasing issue in coming years and perhaps even later in 2022 — particularly if the pie doesn't keep growing.
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