Hidden 'Time' Bombs in White-Collar Criminal Matters
September 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>What was once perceived as a straightforward limitation on the government's significant enforcement powers has become obscured by statutes and court interpretations that tend to elongate the period for the government to act in ways that often are not transparent to even experienced criminal practitioners.
As You Are Taking Care of Business, Are you Taking Care of You?
September 01, 2018
The daily demands and vast portfolio responsibilities of a legal marketer are weighty and, in too many instances, never ending. The highly charged, rigorous, deadline-driven culture of “more is more” stands in drastic contrast to a well-balanced body-mind-spirit experience.
When Intelligent Design Is Better Than Evolution
September 01, 2018
<b><i>Strong Hands-on Leadership is Crucial in Today's Competitive Practice Environment</b></i><p>A financially and professionally successful law firm does not simply evolve. It must be built in an orderly and systematic manner. The values important to a firm have to be identified, defined, organized and centrally placed. The responsibility for achieving these goals must be keyed to an organizational factor. Whether this is a committee or an individual, ultimately someone must be responsible.
State Attorney-Client Privilege Rule Incorporated into Federal Law
September 01, 2018
<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating in Delaware</b></i><p>Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still apply?
New Development Projects: The Reports of Demise Were Greatly Exaggerated
September 01, 2018
Numerous shopping center developers use a “layer-cake” of financing, including state and federal tax incentives to reduce the costs of debt and equity financing. The industry correctly saw that the market value of the credits would drop once the Jobs Act become effective. Such tax cut could undoubtedly impact the ability of developers to raise equity, certainly for new projects not yet placed in service.
<i>Commentary:</i> Amended Opinion No Cause for Alarm in 'Blurred Lines' Case Outcome
September 01, 2018
Over the summer, a divided panel of the Ninth Circuit affirmed the denial of a new trial motion and an order denying rehearing <i>en banc</i> in <i>Williams v. Gaye.</i> We now consider whether the final affirmance of the jury verdict in favor of Marvin Gaye's heirs is likely to wreak havoc on musical creativity as some, including the dissent, have argued. For us, the short answer is no.
Acquisition of Claims for Plan Control
September 01, 2018
The United States Court of Appeals for the Ninth Circuit recently provided additional guidance to creditors seeking to block confirmation of a plan by…
