Fourth Circuit Ruling Underscores Judicial Divide On Use of 'Texas Two-Step'
September 01, 2023
A sharply divided U.S. Court of Appeals for the Fourth Circuit ruling shielding a nondebtor in bankruptcy proceedings from asbestos lawsuits underscores the wider and growing divide among judges across the country on the bounds of Chapter 11 protection and corporations' use of the "Texas two-step" to address mass tort litigation.
Notice of Pendency In Commercial Real Estate Transactions
September 01, 2023
Parties to real estate transactions may be tempted to conclude that a notice of pendency will be available in most instances to protect their rights if things go awry. But while the CPLR's description of actions in which a notice of pendency is permitted sounds both clear-cut and extremely broad, in practice it is neither of those things.
White-Collar Practitioners Weigh In On Defending Trump Indictments
September 01, 2023
They say every defendant deserves an attorney, and that surely includes a former president, but how does a lawyer defend someone facing multiple indictments in multiple districts all while they're running a campaign to return to the White House? Several white-collar defense attorneys who spoke with Business Crimes Bulletin's ALM sibling The National Law Journal have some ideas.
Players On The Move
September 01, 2023
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Determining Law Firm Employee Classification Through the ABC Test
September 01, 2023
Law firms have traditionally been large consumers of contract labor for a variety of purposes. These workers are traditionally classified as independent contractors, issued a 1099 and treated as ineligible for employee benefits. In recent years, many states have started to adopt the "ABC" test to determine whether a worker should be classified as an independent contractor or an employee.
Cryptocurrency Risk Is Not So Hidden
September 01, 2023
Cryptocurrency exchanges and law together are an evolving space. As regulation of cryptocurrency advances, and case law and practice develops, more certainty around who holds what in a cryptocurrency exchange failure will develop. In the meantime, knowing the risks, and mitigating the risks where possible, is the prudent course of action for the cryptocurrency investor and trader.