September 15, 2022 | The Legal Intelligencer
Pleading the Fifth and Civil Litigation: Is It a Good Idea?Although the concept of pleading the Fifth is more commonly raised in the criminal context, civil lawyers should be knowledgeable about the principles surrounding the Fifth Amendment right against self-incrimination and the significant implications that may arise from asserting the right.
By Jonathan W. Hugg and Monica Matias
6 minute read
July 24, 2020 | Corporate Counsel
So Far, a Narrow View of the Pandemic as a Force Majeure EventOn June 3, in In Re: Hitz Restaurant Group, a federal bankruptcy court issued one of the first judicial decisions squarely interpreting a force majeure clause in the context of COVID-19. The result suggests that courts will recognize the pandemic as a force majeure event, but also that courts will limit the pandemic-related relief they grant on force majeure grounds.
By Jonathan W. Hugg
5 minute read
April 29, 2020 | The Legal Intelligencer
COVID-19, Courts and Recovery Through Alternatives to BankruptcyUnprecedented mass business shutdowns have detonated a chain reaction of unparalleled mass breaches of contract and lease defaults throughout the economy, dwarfing those of the Great Recession.
By Jonathan W. Hugg
4 minute read
May 30, 2018 | The Legal Intelligencer
Four Takeaways From the ABA Institute's Blockchain ConferenceI recently attended the American Bar Association's annual institute on blockchain technology, digital currency, and ICOs (initial coin offerings). Some might view these new technologies as libertarian, even revolutionary.
By Jonathan W. Hugg
5 minute read
September 30, 2014 | The Legal Intelligencer
Independent Expenditures and Election InfluenceIt's election time, and our business clients should view this as an opportunity. Nowadays, any mundane business issue—from land development and taxation to product packaging and worker benefits—can mean dealing with local government, which usually means coping with predatory local politics.
By Jonathan W. Hugg
6 minute read
May 27, 2014 | The Legal Intelligencer
The Bully Pulpit: Defamation by Public OfficialsMy favorite president, Teddy Roosevelt, often referred to his office as a "bully pulpit," meaning that it was a prominent position from which he could preach his views and the world had no choice but to listen and consider them. Publicity intoxicated Roosevelt and he loved forcefully expressing his decisive opinions.
By Jonathan W. Hugg
9 minute read
April 01, 2014 | The Legal Intelligencer
Rethinking the State Ethics ActAnyone with a matter before local government is familiar with the all-too-common ritual exchanges of consideration that occur. No money may actually change hands, but it still looks like bribery. It certainly is not civic-minded charity. The point is to influence government decision-making.
By Jonathan W. Hugg
7 minute read
January 28, 2014 | The Legal Intelligencer
From Fort Lee to Bowling v. Office of Open RecordsIn New Jersey, the Christie administration is learning the hard way about the power of open records laws. Reporters broke the "Bridgegate" story after initially obtaining government emails through a request for public records.
By Jonathan W. Hugg
7 minute read
October 29, 2013 | The Legal Intelligencer
Rethinking Governmental Immunity in PennsylvaniaAlmost everyone would agree that the facts deserved a fair and just remedy. The accident was random. The injuries were horrific. The victim was blameless. But the legal result was harsh — and probably required by existing law.
By Jonathan W. Hugg
8 minute read
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