Bankruptcy

Expert Analysis

• Persuasion Skills Attys Can Learn From Political Speeches

  

  The tools of powerful political speeches — those with soaring rhetoric that convinces and moves listeners — can be equally applicable to oral advocacy, case strategy and brief writing, say Lauren Papenhausen and Julian Canzoneri at White & Case and former presidential speech writer Dave Cavell.

• Opinion

  Reflections On My 1st Judicial Election Amid Racial Tensions

  

  Former Georgia Supreme Court Chief Justice Robert Benham looks back at the racial barriers facing his first judicial campaign in 1984, and explains how those experiences shaped his decades on the bench, why judges should refrain from taking political stances, and why he was an early supporter of therapeutic courts that deal with systemic problems.

• COVID-19 May Lower Bar For Distressed M&A Defenses

  

  Although the so-called failing and flailing firm defenses to mergers are rarely successful before antitrust agencies, they could support consolidation during the COVID-19 crisis, and strong detailed economic evidence will be key to prevailing, say attorneys at Proskauer.

• Weighing Litigation Vs. Arbitration Amid Court Disruptions

  

  Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.

• How Attys Can Guard Against Rising Settle-And-Sue Claims

  

  Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

• Key Issues In Potential High Court Fraudulent Transfer Case

  

  If the U.S. Supreme Court decides to hear Deutsche Bank Trust v. Robert R. McCormick Foundation, concerning a Bankruptcy Code safe harbor provision, it would have to reconcile creditors' rights to challenge fraudulent transfers with the need for finality in securities transactions, say Justin Ellis and Lauren Dayton at MoloLamken.

• Law Firm Tips For Attracting, Retaining Attys During Pandemic

  

  Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

• Perspectives

  Finding A Path Forward To Regulate The Legal Industry

  

  Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

• Series

  Lawyering While Parenting: A Day In A Dad's Pandemic Life

  

  Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

• Series

  Lawyering While Parenting: A Day In A Mom's Pandemic Life

  

  Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

• Chicago Debtors May Lose High Court Case But See Relief

  

  While last week's oral arguments in Chicago v. Fulton suggest that the U.S. Supreme Court will likely favor the city's right to retain possession of bankrupt owners' impounded vehicles, new city programs will provide additional options for relief to vehicle owners, says Ariane Holtschlag at the Law Office of William J. Factor.

• 5 Cost-Cutting Strategies For Corporate Legal Departments

  

  To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

• Guest Feature

  Preparing The Next Generation Of Female Trial Lawyers

  

  To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

• Guest Feature

  Mentorship Is Key To Fixing Drop-Off Of Women In Law

  

  It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

• Guest Feature

  5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

  

  The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.