Third-Party Litigation Funding
December 01, 2017
<b><i>A New Option for Resource-Strapped Bankruptcy Estates</i></b><p>Despite third-party litigation funding's explosive growth, corporate restructuring/insolvency practitioners in the U.S. are not yet frequent participants in such arrangements. Yet litigation funding could be especially beneficial to provide a new source of capital for otherwise asset-starved estates.
Defenses of Impossibility of Performance and Frustration of Purpose
December 01, 2017
Parties in complex commercial cases that are accused of defaulting on or breaching a contract may invoke the defense of impossibility, arguing that performance of contractual obligations was rendered impossible by an intervening event. But under New York law, those arguments rarely make it past the motion stage.
<b><i>Ferri v. Powell-Ferri</i></b>: A Critical Planning Case for Practitioners
December 01, 2017
<b><i>The Trust Ferri Could Be Better Than the Tooth Fairy</i></b><p>Practitioners should encourage all clients with existing irrevocable trusts to meet to review those trusts. Modifying old irrevocable trusts through decanting (or other means) might make improvements, or as in the<i> Ferri v. Powell-Ferri</i> case, save the trust assets.
Employment Attorneys See Business Gains Amid Weinstein Scandal
December 01, 2017
The heightened awareness of sexual harassment in the workplace has resulted in a surge of client calls to plaintiffs attorneys who litigate such claims.Meanwhile, defense attorneys, bracing for more litigation, said they are fielding more calls from corporate clients that want training conferences and advice on how to handle internal complaints and internal investigations.
IP News
December 01, 2017
Federal Circuit Resolves Circuit Split, Finds That Venue Is Not Waived Under Rule 12(h)(1)(A) for Cases Brought before <i>TC HeartLand</i><br>Federal Circuit Reverses Award of Lost Profits Because Product Sold to a Single Customer Was an Available Non- Infringing Alternative
Development
December 01, 2017
Discussion of a case in which a restaurant owner planned to demolish the existing building on a leased parcel to build a 5400-square-foot restaurant
In the Courts
December 01, 2017
A rare ruling provides insight into the narrow scope that the attorney-client privilege and attorney work product privilege are afforded in criminal investigations.
Five Ideas Lawyers Can Learn from the Military
December 01, 2017
<b><i>A Different Perspective for Marketers to Share</i></b><p>At West Point, the cadets are taught "Three Rules of Thumb" in deciding whether to take an action: Does this action deceive anyone or attempt to deceive anyone? Does it permit me an advantage to which I am not otherwise entitled? And, would I be satisfied with the outcome if I was on the receiving end of the action?
