'Weinstein' Clauses In Acquisition Agreements
November 01, 2019
The purpose of a Weinstein clause is to provide assurance that the target company (including its officers and executives) is not a hotbed of sexual harassment or a ticking time bomb of claims waiting to explode. This article on drafting and negotiating Weinstein clauses should help entertainment and media deal teams balance these risks.
'Dirt for Debt' In Bankruptcy Plans of Reorganization
November 01, 2019
A debtor's goal in a Chapter 11 Bankruptcy is to confirm a "plan of reorganization." Creditors usually have the right to vote for or against a plan, and in some cases, a plan can be confirmed over the objection of one or more classes of creditors. This is called a "cram-down." The Bankruptcy Code's rules governing cram-down are complex and differ for secured and unsecured classes of creditors. This article shows how bankruptcy courts have ruled on a particular method of cram-down known as a "dirt-for-debt" plan.
Determining Who Should Serve As the Billing Partner
November 01, 2019
Due to a law firm's team-oriented approach to business development and client service efforts, it is not always clear who should logically and most efficiently serve as the billing partner for a client or a particular client matter. A person should only be a billing partner if he or she is or will be performing the functions outline herein.
How to TOOT Your Own Horn: Exceptional Self Evaluations
November 01, 2019
It's that time again. As the year comes to a close many firms are beginning the associate review process. Even if your firm does not have a formal review process I recommend that you write a self-evaluation that outlines your achievements and specifies your goals for the coming year.
The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out
November 01, 2019
Part Two of a Two-Part Article
Part One of this article, last issue, covered how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues. Part Two continues with the rights that CCPA grants to Californians, the CCPA's impact on company privacy policies, how other states' privacy laws compare to the CCPA, exceptions and penalties for violating the Act.
It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases
November 01, 2019
In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?
As Hackers Get Smarter, Can Law Firms Keep Up?
November 01, 2019
"It's Not the Hardware You Worry About, It's the Mistake That Someone Makes That Inadvertently Gives a Bad Actor Access."
The legal industry has poured significant resources into cybersecurity, leading to huge leaps in progress in the last decade. But there are areas where large and small law firms can do much better in preventing and reacting to data breaches, and the legal sector may risk falling behind other industries. That's partly because hackers are learning how to circumvent law firm security systems, leading to a continuous game of cat and mouse.
Professional Development: Reimagining Business Development Training and Coaching
November 01, 2019
Six Pillars of a Successful Bus-Dev Program
For firms wanting to thrive through the next economic downturn and beyond, mastery of business development fundamentals is as essential as mastering legal skills. Yet training and coaching — whether done internally or through outside consultants — requires an investment in time and resources.
