Bursting the Bubble of Associate Compensation
January 01, 2020
Smart business leaders compete by constantly seeking cost advantages. Yet law firm leaders compete by perpetually increasing associate compensation. As always, this will not end well.
Uniform Voidable Transactions Act Signed Into Law in NY
January 01, 2020
On Dec. 6, 2019, Gov. Andrew Cuomo signed legislation modernizing New York's 95-year-old fraudulent conveyance law and making it consistent with the U.S. Bankruptcy Code and the law of at least 44 other states. The Uniform Voidable Transactions Act (UVTA) primarily clarifies the rights and remedies of parties involved in transactions with financially distressed entities.
GDPR Had Some Bite in 2019
January 01, 2020
Although no company was hit with the maximum GDPR fine of 4% of the company's worldwide annual revenue, GDPR fines issued in 2019 were still a force to be reckoned with.
Adding Value, Reducing Risk: Peer Review for Construction Projects
January 01, 2020
In the aftermath of recent construction disasters leading to catastrophic failures and loss of life, the concept of peer review has taken on an entirely new significance. A comprehensive plan and specification peer review is an effective risk management strategy for ensuring quality construction.
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.
