Legal Tech: The Evaporation of E-Discovery
December 01, 2021
The thinking in the legal world regarding e-discovery has so changed that, as with many other ideas and tools that were once novel, those ideas lost their novelty as those in the legal community became comfortable with them and thought of them as simply different ways of articulating ideas and tools long used in the legal world.
How Law Firms Can Gain a Competitive Advantage With Financial Intelligence
December 01, 2021
The results of a new report — Implementing Financial Intelligence to Give Law Firms a Competitive Advantage in 2022 and Beyond — revealed a striking shift in the role of law firm finance leaders, both in their value and impact. Many are using data to drive change in their organizations, amplifying the power of profitability, and leveraging their skill to fuel innovation. Ultimately, they are helping their firms gain a competitive advantage.
Update On Bankruptcy Appellate Practice: Part One — Appellate Standing
December 01, 2021
Recent cases show that appellate courts continue to wrestle with standing, jurisdiction, mootness, excusable neglect and finality, among other things. The following overview, in a series of installments, shows what the courts have been addressing during just the past three years. This first installment will cover appellate standing.
Guidance on Distributions As 'Disbursements' and U.S. Trustee Fees
December 01, 2021
In a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."
Rate Hikes Threatening Trusted Status with Clients
December 01, 2021
After years of clients working to trim their roster of firms to a trusted group that understands the specific challenges of their businesses, rate hikes are threatening to upset these delicate relationships.
Can A Private Citizen Perform An Official Act?
December 01, 2021
This article discusses the importance of the "official act" requirement established in McDonnell v. United States, and how its logic should lead to a parallel requirement that private citizens should not be chargeable with the commission of official acts as part of a scheme to deprive the public of honest services.
Pros and Cons of Master Leases
December 01, 2021
Section 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.
