Bankruptcy

Expert Analysis

• Opinion

  Congressional Bill Would Impair Ch. 11 Mass Tort Resolution

  

  Legislation recently introduced in Congress seeks to limit third-party releases and injunctions in Chapter 11 mass tort bankruptcies, but doing so would upend the balanced system, at the expense of deserving, injured individuals, says Josiah Daniel at V&E.

• Law Firms, Know Who's Responsible For Your Cloud Security

  

  Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

• How Purchasers, Debtors Can Navigate CBAs In Bankruptcy

  

  As commercial bankruptcy filings rise, debtor and purchasing employers have several available tools to modify or eliminate preexisting collective bargaining agreements, with nuanced considerations established by the Bankruptcy Code and case law, says Stephania Sanon at McDermott.

• Benefits For Law Firms Venturing Into New Services

  

  By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

• Bankruptcy Ruling Highlights Growing Use Of Chapter 15

  Excerpt from Practical Guidance

  

  Norske Skogindustrier, a recent statute of limitations tolling decision from a New York bankruptcy court, illustrates the increasing extent to which the now 15-year-old Chapter 15 has become an invaluable resource for the representatives of foreign debtors in cross-border bankruptcy cases, say attorneys at Jones Day.

• Series

  Embracing ESG: Exelon GC Talks Diversity Initiatives

  

  Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

• Revamping Law Firm Marketing Lists — With Partner Buy-In

  

  Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

• The Murky World Of Legal Rankings Gets Some Clarity In NJ

  

  New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

• Series

  Embracing ESG: Cigna Counsel Talks Employee Wellness

  

  Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

• Hybrid Work Models Are Key To Gender Parity In Law Firms

  

  To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

• 3 Keys To Winning Your Next Oral Argument

  

  To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

• Opinion

  Justices Should Have Resolved Student Loan Discharge Issue

  

  The Supreme Court's denial of certiorari in McCoy v. U.S. is a disappointment to advocates of student loan discharges in bankruptcy and ensures that applicants' chances of discharging their student debt depend largely on where they reside, say Joseph Pack and Jessey Krehl at Pack Law.

• Keys To Efficient And Accurate Doc Review For E-Discovery

  

  Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

• Avoiding Independent Director Challenges In Ch. 11 Litigation

  

  Companies in bankruptcy could fend off litigation over board members' alleged conflicts of interest, as in Purdue Pharma's ongoing Chapter 11 case, with disclosures to help courts and creditors assess directors' independence without resorting to more drastic and costly bankruptcy tools, say attorneys at Lowenstein Sandler and the Brownstein Corp.

• Series

  Embracing ESG: Raytheon GC Talks Climate Change

  

  Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.