The Legal Intelligencer | Commentary
By Rebecca Rosenberger Smolen and Amy Neifeld Shkedy | September 6, 2018
Rather than dedicate our efforts this month to informing our readers about one specific set of issues arising in the trusts and estates practice, we thought it would be helpful to instead focus on the mistakes we regularly see, which, with a little care and effort, can be avoided for the peace of mind of the client, and the financial benefit of the objects of the client's.
The Legal Intelligencer | Commentary
By Benjamin H. McCoy and Zac Arbitman | August 28, 2018
There is little dispute that the False Claims Act (FCA) is among the most potent weapons for fighting fraud and government waste. In just this past fiscal year alone, the DOJ utilized the FCA to recover more than $3.7 billion across a diverse array of industries such as health care, housing, and government procurement.
The Legal Intelligencer | Commentary
By Joseph N. Frabizzio | August 27, 2018
News outlets recently flooded social media with headlines about the rise of “401(k) millionaires” in the wake of an analysis by Fidelity Investments which touted the increased number of its 401(k) plans with at least a $1 million balance.
The Legal Intelligencer | Commentary
By Francoise Gilbert, Fred E. Karlinsky and Christian Brito | August 27, 2018
Data privacy remains one of the most significant concerns facing the insurance industry. A flurry of new and evolving data security and privacy laws and regulations are re-shaping the regulatory landscape, making it more difficult for companies to avoid exposing themselves to regulatory and other legal risk.
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 | 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 Patricia E. Farrell and Joel Pfeffer | July 26, 2018
Attorneys tasked with managing international mergers and acquisition (M&A) deals are faced with a myriad of challenges, involving company finances, management principles, foreign regulations and cultural differences.
By Dan Clark | July 23, 2018
New GC Michael Peterson is a veteran of Reed Smith and Morgan Lewis. He'll replace Jeffrey Klauder in SEI's top legal role.
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