The Art of Filing a Proof of Claim in a Bankruptcy Case
October 02, 2017
<b><I>Rule Changes You Should Understand</I></b><p>This article focuses on the strategies that an equipment financier may explore when it needs to file a proof of claim in a bankruptcy case to preserve its rights. It also describes a debtor's right to object to a creditor's claim.
New York State's Attorney for the Child System Falls Short
October 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>Custody disputes can be financially and emotionally draining, and stressful for both parents and children. It was once believed that after a divorce, children needed the full-time stability of a home run by one parent, but today, shared custody has become an accepted method of circumventing the brutal dynamics of divorce litigation.
<i>Legal Tech</i><br> Teaching an Old Dog New Tricks: Business Process Management and Law Firms
October 02, 2017
Though traditionally considered laggards when adopting new technology, law firms have recently started to explore new tricks to fortify performance across their organizations. While this evolution is critical to a firm's survival, it's important that firm administrators understand that substantive improvements are only possible through multi-directional change.
A Broadening Consensus to Narrow Asset Forfeiture
October 02, 2017
When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, it raised issues for many, including the spouses and family members of those who are charged with committing federal crimes.
Third-Party Litigation Funding
October 02, 2017
Third-party litigation funding is a relatively new, but rapidly expanding litigation financing vehicle. According to the authors, general counsel and commercial litigators would be well served to understand the changing landscape regarding the scope and potential uses of such funding.
Trade Secrets Litigation: The No-Longer-Forgotten Part of the Tech IP Arsenal
October 02, 2017
<b><i>With Massive Jury Rewards and the DTSA Encouraging Federal Litigation, Trade Secrets Litigation Is Seeing a Surge in the Tech Industry</b></i><p>These days, many of the big IP litigation battles involving companies like Facebook, Uber, and Epic, have nothing to do with patents, trademarks or copyrights at all. Instead, it's all about the perhaps forgotten part of IP: trade secrets.
Bit Parts
October 02, 2017
Investment Firm Can Proceed Against Artist in Litigation Funding Dispute
Update: Stage Now Set for DOL to Adopt More Modest Salary Level for Overtime Exemptions
October 02, 2017
In his final ruling, Judge Mazzant clarified that he was not questioning the DOL's authority to adopt a salary level test as part of the overtime exemptions. Rather, Judge Mazzant explained that the Obama-era DOL had gone too far in adopting a salary level so high as to become the "de-facto" test for meeting the overtime exemptions.
Ninth Circuit Reignites Debate over the Interplay of Sections 363, 365
October 02, 2017
Bankruptcy Code sections 363 and 365 provide different rights for different parties, and they usually operate independently of one another. However, in situations where the two sections overlap, a number of courts have held they are in conflict, because a party invoking one of the provisions will seek to override the interest of a party invoking the other.
In the Courts
October 02, 2017
A three-judge panel of the Second Circuit upheld the conviction of Mathew Martoma for insider trading and, in doing so, overruled part of <I>United States v. Newman</I>, thereby removing one obstacle for prosecutions of insider trading.
