The American Lawyer | Analysis
By Christine Simmons and Gina Passarella | August 19, 2018
The once-impenetrable facade of some of the country's sturdiest law firms is showing signs of wear in the face of shifting financial markets. Now they are forced to confront a once-foreign concept: competition.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Keri L. Wintle | August 16, 2018
Section 365(a) of the Bankruptcy Code permits a debtor or trustee, subject to bankruptcy court approval, to reject an executory contract and release the debtor's estate from burdensome contractual obligations that may impede the debtor's successful reorganization.
The Legal Intelligencer | News
By Charles Toutant | August 9, 2018
The Third Circuit has ruled that JPMorgan & Co. can't use a forum selection clause to avoid its obligation as a member of the Financial Industry Regulatory Authority to arbitrate all claims brought against it by a client.
The Legal Intelligencer | Commentary
By Andrew J. DeFalco | August 9, 2018
Most business owners have seen “entire agreement” or “integration” clauses in contracts with employees, vendors, purchasers of their products and services, and joint venture partners. To many, it is boilerplate jargon that sounds strange and has little practical meaning.
The Legal Intelligencer | News
By P.J. D'Annunzio | August 7, 2018
Judge Thomas Ambro opened the court's opinion in the spirit of the character Wimpy from the Popeye cartoon: "Many would gladly pay Tuesday for a hamburger today. Of course, not all of those who fall into debt make payments timely, and debt collection has become a professional trade."
The Legal Intelligencer | Commentary
By Francis J. Lawall and John Henry Schanne II | August 2, 2018
The Bankruptcy Code and accompanying Rules of Procedure attempt to create a nationwide legal framework for administering bankruptcy cases. However, to initially determine whether a corporate entity can seek bankruptcy protection, courts must also consider the state law where it is chartered to determine who possesses the requisite authority to file on a debtor's behalf.
The Legal Intelligencer | Commentary
By Dena Lefkowitz | July 25, 2018
Recently, I was on the phone with a fellow coach who asked about my personality type from an assessment taken in the past. I didn't recall, so while still on the call, I quietly walked over to my filing cabinet and pulled out a folder labeled “my assessments.”
The Legal Intelligencer | Commentary
By Craig R. Tractenberg | July 19, 2018
Should all contract breach litigation be decided on who breached first? Perhaps that should be the rule on deciding complex commercial cases. It seems to work well to simplify complex fact patterns and responsibilities. Do all breaches have the same weight?
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | July 12, 2018
It is interesting for one who has practiced bankruptcy law for 35 years to observe that many issues adjudicated in 1983 continue to require judicial review in 2018.
The Legal Intelligencer | Commentary
By Steven Schain | July 12, 2018
Editor's note: This is the first in a two-part series.“The international market for cannabis is projected to hit $31.4 billion by 2021. Currently,…
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