POCs and the FDCPA: A License to File
July 02, 2017
Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).
Why Associates Leave and How You Can Get Them to Stay
July 02, 2017
When a seemingly happy and successful associate announces the decision to move on, his or her firm can be left feeling shocked and confused. This article provides insight behind these moves, and what law firms can do to make their top associates want to stay.
Easy As FMV: Modern Fair Market Value Renewal Methods
July 02, 2017
This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromise for both sides.
Public Trust Doctrine Thwarts Willets Point Redevelopment
July 02, 2017
In <i>Matter of Avella v. City of New York,</i> the Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York.
Trial Judge Acts Over Hacking of Plaintiffs' Emails In Media Dispute
July 02, 2017
A New York trial court judge struck a defendant's answer in a media-based breach of fiduciary duty and unfair competition suit, after finding that 2,000 emails, including attorney-client privileged information possessed by the plaintiffs, had been hacked and stolen.
Law Firm Strategy Execs Wield Uneven Clout
July 02, 2017
The role of chief strategy officer (CSO) — increasingly common in corporate America — has been adopted by relatively few law firms. Consultants say perceptions of what the position entails and whether it's necessary vary widely throughout the legal industry.
Product Liability, Bankruptcy and the Proceeds of Legal Action
July 02, 2017
A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?
U.S. Supreme Court Speaks on Discovery Sanctions
July 02, 2017
It is rare for a discovery sanction case to reach the nation's highest court. But on April 18, the U.S. Supreme Court issued its decision in<I> Goodyear Tire & Rubber Co. v. Haeger</I>, reversing a $2.7 million sanctions award that had been rendered by an Arizona district court and affirmed by a divided Ninth Circuit panel.
