Beware: Not All Communications Between Court-Appointed Bankruptcy Professionals Are Privileged
May 02, 2015
A successful Chapter 11 representation requires a close working relationship between the client's attorneys and non-attorney professionals, and the latter are generally kept fully abreast of the attorney's strategies on behalf of their common client. But where a communication otherwise protected by the attorney-client privilege is disclosed to, or made in the presence of a third party, the communication may no longer be, or deemed never to have been considered privileged.
Financial Services Lawyers Cheer Quicken Loans' Lawsuit
May 02, 2015
A legal challenge by Quicken Loans Inc. to the U.S. government's aggressive scrutiny of its FHA mortgage loans reflects widespread industry unease with government investigation of lenders, financial-services lawyers said.
Brokerage Windows in Retirement Plans
May 02, 2015
On Aug. 21, 2014, the DOL published a request for information (RFI) regarding the use of so-called "brokerage windows" under retirement plans. The RFI is one of the more recent developments surrounding what has become an increasingly controversial topic regarding the investment of Section 401(k) and other participant-direct retirement plans.
The LPM Maturity Model
May 02, 2015
Unless you are deaf to the present realities in today's legal marketplace, you now hear the steady drumbeat of client-focused legal service delivery: a persistent rhythm driving you toward Legal Project Management (LPM). Clients are insisting that firms price and deliver services that fit their tolerance for risk, produce excellent results and keep the work within budget ' all in the most efficient manner.
Avoid Drowning in Data
May 02, 2015
In the era of almost daily news accounts of data security breaches, the legal and business imperative for data and data system protection needs no explanation. What is less apparent, however, is exactly how to properly manage information and its privacy and security. This article suggests an approach for how to design and run a program that is right for your company.
Connecting the Legal and Tax Departments
May 02, 2015
Now that the personal tax return deadline has passed, it might be a good time to consider your company's tax needs. Counsel at a Fortune 500 company recently told a colleague of ours that all of their tax matters are handled entirely outside of the legal department. This arrangement is not good. Corporate counsel and accountants must work together to bring the full measure of the company's resources to bear on tax-related issues.
No Defamation From Comments on Atlanta Reality TV Show
May 02, 2015
An Atlanta R&B singer who said on a reality TV show that the CEO of her former record label mismanaged her career and beat her years ago in a hotel room has prevailed in a defamation lawsuit the CEO brought in Fulton County Superior Court.
Third Circuit Revives Challenge to Firm's Debt Collection Practices
May 02, 2015
A lawsuit over a law firm's foreclosure practices on behalf of Bank of America has been revived by the Third Circuit. But while the appeals court revived the plaintiff's federal claims, it upheld the dismissal of the state law claims after it predicted how the Pennsylvania Supreme Court would rule on the issue.
