Professional Fees May Not Be Capped by Standard Carve-Out Provisions
April 02, 2017
Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.
Immigration Status, Divorce and Removal: What Is the Standard of Review?
April 02, 2017
Although immigration law need not be an area of expertise in a family law practitioner's toolbelt, it doesn't hurt to have some knowledge of the ins and outs of this system when presented with a client facing possible removal from the United States because a marriage was short-lived.
Deferred Compensation and Safe Harbor Plans
April 02, 2017
The Department of the Treasury has issued final regulations addressing deferred compensation and safe harbor planning utilizing §§ 409A(d)(1), 457(e)11 and 31.3121(v)(2). These regulations set forth how plan sponsors can provide death benefits on a permissibly selective basis.
Protecting Your Clients from Their Own Social Media
April 02, 2017
Postings of comments or photographs become part of the permanent record on the Internet. There is no such thing as deleting a post or erasing the past. Because of the potentially adverse consequences, trial lawyers are now duty bound to run a thorough social media search of their clients, adversaries, and witnesses in every case. To the extent an attorney fails to conduct such a search, not only will she be at a severe disadvantage in the case but her competence as a trial lawyer can be called into question.
Judicial View on 'Arising Out of' Exclusion in Bill Cosby Policy
March 02, 2017
The claims over the last few years by numerous individuals who allege sexual misconduct by comedian Bill Cosby have also led to disputes about the obligation of Cosby's insurers to pay for his defense attorneys and any eventual settlements or judgments. A decision by a federal district court in Massachusetts, where Cosby lives, addresses these disputes.
Engaging Lawyers in a Profitable Speaking Initiative
March 01, 2017
The focus of this article is on the public speaking aspect of the content marketing initiative. It provides suggestions that readers can share with motivated attorney presenters who wish to improve results from speaking efforts.
New York Court Sees No Fair Use in <i>Star-Trek</i> Inspired Fan Film
March 01, 2017
The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.
