Judicial Skepticism Mounts Over the Use and Reach of Appellate Waivers
May 01, 2019
A defendant who pleads guilty is usually required to waive a host of constitutional and statutory rights, such as the right to a jury trial, the right to confront and cross-examine adverse witnesses, the right to testify and present evidence. However, many defendants are also required to waive their right to appeal in order to receive a favorable plea agreement with the government.
"Don't Do Stupid"
May 01, 2019
6 Common Law Firm Accounting Practices That Need to Be Re-evaluated
There are a number of tried and true practices in law firms that need more thinking. Not because law firm managers are stupid; it's just that some practices need to be periodically re-evaluated and adjusted to reflect the changing times.
In a VUCA Environment, Empower Your CMO to Collaborate and Lead
May 01, 2019
VUCA is an acronym we don't often hear in the legal industry. It stands for volatile, uncertain, complex and ambiguous, and was coined by the U.S. Army to describe the post-Cold War world. Buyers of legal services are more sophisticated than ever and are redefining the meaning of value, some are involving procurement professionals in the buying process.
Commercial Lease Terms: More Issues to Cover
May 01, 2019
<b><i>Part Two of a Two-Part Article</b></i></p><br>Last month we began discussion of several topics of interest to tenants and landlords as they negotiate leases for commercial space. We continue here with more items that should not be overlooked by either party to a commercial lease during its formulation.
IPR Estoppel: The Present and the Future
May 01, 2019
IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.
EU Commission Alleges Video-Game Geoblocking
May 01, 2019
The European Commission has charged Valve Corp., the owner of Steam video-game distribution platform, and five video-game publishers with breaking European Union (EU) competition rules through their use of geoblocking, which restricts access to digital content on a territorial basis.
Should Trump's Foreign Policy Affect Criminal Prosecutions?
May 01, 2019
Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal.
Fifth Circuit Blocks Fraudulent Transferee's Good Faith Defense
May 01, 2019
"A … transferee [who] received fraudulent transfers with actual knowledge or inquiry notice of fraud or insolvency" loses any "good faith" defense available under the Texas version of the Uniform Fraudulent Transfer Act (TUFTA), held the Fifth Circuit in Janvey v. GMAG, LLC
Best Ways to Expand Key Client Relationships
May 01, 2019
<b><i>Part Two of a Two-Part Article</b></i><p>This two-part article defines the specific and best actions lawyers and law firms can take to expand client relationships. This second part covers what law firms as institutions can do to help the firm's departments, practice groups, teams and lawyers expand client relationships.
