Bankruptcy

Expert Analysis

• E-Discovery Experts Could Increase Fed. Court Efficiency

  

  As electronic data demands on federal courts continue to increase, it may be time to consider whether the courts should establish an office that could be staffed with technical experts familiar with electronic discovery issues, says Douglas Smith of Kirkland.

• Remembering Justice Stevens As A Law Firm Leader

  

  Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

• Answers To Key Legal Finance Ethics Questions

  

  While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

• Federal Agencies Need A Uniform Record-Keeping Process

  

  The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

• The Role Of Dictionaries In Last Term's High Court Decisions

  

  Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

• How To Evaluate The Rise In Legal Employment

  

  Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

• Opinion

  The Business Case For Championing Diverse Legal Teams

  

  Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

• The Curious Case Of Crypto Valuations

  

  Cryptocurrency assets can be hard to value, and none of the valuation methods proposed thus far have been significantly tested in court. To head off possible litigation, companies and investment managers holding crypto assets should be transparent about the valuation methods they use, say Justin Steffen and Michael Perich of Ice Miller.

• Creditors Should Be Wary Of Debtor Promises To Pay In Full

  

  To achieve a speedy exit from Chapter 11, a debtor will often promise to pay unsecured creditors 100% of their prepetition claims in the ordinary course of business, rendering those creditors "unimpaired." However, there are potential pitfalls that unsecured creditors may face under these scenarios, say Eric Wilson and Maeghan McLoughlin of Kelley Drye. 

• Rethinking The Tech-First Approach To Law Firm Solutions

  

  When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

• Top 10 Techniques For Crafting A Dazzling Brief

  

  Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

• Circuit Split Widens On Bankruptcy Jurisdiction In SSA Claims

  

  In the recent Fifth Circuit ruling in Benjamin v. U.S., the court breathed new life into a circuit split by joining the Ninth Circuit in holding that bankruptcy courts may exercise jurisdiction over a claim arising under the Social Security Act, says Jack Haake of Foley & Lardner.

• The Upside Of The Fastest Chapter 11 Confirmation Ever

  

  Setting the record for fastest confirmation of a Chapter 11 plan in U.S. history, Sungard Availability Services Capital confirmed a prepackaged plan of reorganization 19 hours after filing for bankruptcy. This and other recent precedents may enable future debtors to bypass costly, lengthy stays in bankruptcy, say Hugh McDonald and Alissa Piccione of Troutman Sanders.

• Q&A

  A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

  

  In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

• Series

  Judging A Book: McMahon On 'Roosevelt For The Defense'

  

  In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.