Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
January 01, 2020
In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
How Retailers Are Pushing the Boundaries
January 01, 2020
Entertainment and experience has become the cornerstone of retail survival in the wake of increasing online shopping. Now, top brands are starting to incorporate entertainment experiences into select markets to bush the boundaries of the traditional retail structure.
When to Involve a Forensic Accountant in Your White-Collar Criminal Case
January 01, 2020
Over the past few years, defense attorneys have been turning to forensic accountants significantly more often in white-collar cases. An experienced and skilled forensic accountant is valuable to the defense team by casting reasonable doubt on the issue of intent and uncovering other evidence in support of innocence or a reduced sentence.
Lawyer Well-Being at Work: It's a Two-Way Street
January 01, 2020
It's Not the Number of Hours We're Billing or the Number of Hours We're Working; It's the Way We Feel About How We Spend Those Hours That Matters
Working long hours, tracking those hours and feeling that we have to grind all year to hit a specific number of hours to meet a profitability target can make us feel like fungible, dehumanized automatons rather than highly trained providers of specific and thoughtful solutions to complex legal challenges.
Changing Outcomes Through a Reservation of Rights
January 01, 2020
In the day-to-day practice of bankruptcy law, it may occasionally be tempting to dismiss "reservation of rights" language as unnecessary or unimportant — after all, a pragmatically minded court will consider the economic reality of the case before it. Right? Well, the U.S. District Court for the District of Delaware's recent ruling in Emerald Capital Advisors v. Victory Park Capital Advisors (In re KII Liquidating) demonstrates the flaws in that way of thinking.
It's Legalweek Time Again
January 01, 2020
This year, Legalweek will feature workshop boot camps, networking events, hundreds of exhibitors on the tradeshow floor and three conferences designed to address key issues at a functional level: LegalCIO, Legal Business Strategy, and, of course, Legaltech, the world's largest and longest running trade show for legal technology.
Case Notes
January 01, 2020
Landlord's Oral Request for Use and Occupancy in Commercial Non-Payment Proceeding Denied
Landlord Sought to Pierce the Corporate Veil to Recover Unpaid Rent
Legal Tech: Babst Calland & Solvaire: An AI Contract Review Use Case
January 01, 2020
In today's business climate, clients demand greater efficiency when it comes to contract review for many complex deals and transactions. We have found that the combination of deep legal expertise, coupled with embracing carefully researched and vetted technology, is the most effective means of delivering high quality and timely review in an increasingly competitive marketplace.
