'Watch Your Attitude, Petitioning Creditors!'
January 31, 2016
The Bankruptcy Code contains relatively clear and straightforward requirements and standards regarding the eligibility of creditors to file an involuntary bankruptcy petition against a debtor. If such criteria are met, do the creditors' intentions, which are not specifically referenced in this context in the statutory framework, come into play at all?
Contentious Litigation
January 31, 2016
As we discussed in the Part One of this article, defense attorneys are increasingly finding themselves faced by opposing counsel bent on using any means possible to harass them and their clients, leading to a more contentious litigation environment than is really necessary. We continue herein with a review of some of those tactics, and we consider how they may be addressed.
When Is Mediation Appropriate Pursuant to Bankruptcy Code Section 327(a)?
January 31, 2016
With the utilization of mediation as a dispute resolution tool in bankruptcy cases becoming increasingly common, it is important that courts remain vigilant in protecting the integrity of the mediation process. As the Second Circuit once famously stated in another context, "[t]he conduct of bankruptcy proceedings not only should be right but must seem right."
Prioritizing e-Mail Security in the Legal Sector
January 31, 2016
Data breaches and cyberattacks aren't new occurrences, but it can sometimes feel like they are. It's only in the last few years that we've seen these attacks make headlines more and more, increasing in both quantity and impact.
Training Tomorrow's Lawyer
January 31, 2016
"There's math and technology involved? Count me out, that's why I went to law school." But the practice of law is not immune to technological advances, especially in the areas of research methodologies and, of course, electronic discovery. Furthermore, clients are continuing to focus on value, whether that is in seeking alternative fee arrangements or evaluating outside counsel on their efficient delivery of legal services.
Federal Circuit Affirms PTAB Ruling on Filing Of Supplemental Information
January 31, 2016
The Federal Circuit continued its largely deferential treatment of PTAB procedural rulings in <i>Redline Detection, LLC v. Star Envirotech, Inc.,</i> upholding the PTAB's denial of Petitioner Redline's motion to submit supplemental evidence under 37 C.F.R. '42.123(a), within a one-month window from institution of an <i>inter partes</i> review (IPR).
2015 Tax Legislation: Extenders Plus More
January 31, 2016
2015 was an eventful year for tax legislation for law firms, their clients and their employees. In addition to the extenders package, that has become an annual tradition in Congress, there were some other significant tax bills that passed over the summer.
Into the Dark: Patent Trend Post America Invents Act and <i>Alice</i>
January 31, 2016
Ah, the good old days. When the America Invents Act was being pushed through Congress in 2011, proponents of the proposed changes expounded on the virtues of a system that mirrored the patent practices of the majority of the industrialized world. But the unforeseen consequences of both the AIA and the seminal 2014 Supreme Court decision in <i>Alice v. CLS Bank</i> have created a hostile environment for patent portfolios, which has negative implications for investment in innovation and startups.
A Cure By Any Other Name
January 31, 2016
Section 1123 (a)(5)(G) of the Bankruptcy Code provides that, "[n]otwithstanding any otherwise applicable nonbankruptcy law, a plan shall ' provide adequate means for the plan's implementation, such as ' curing or waiving of any default." But what, exactly, does it mean to cure a default?
