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November 23, 2016 | The Legal Intelligencer

Justices OK Expert Opinion on Asbestos, Seeing No Breach of 'Any Exposure' Ban

Experts testifying in asbestos trials need not compare the exposure of one defendant's products to a plaintiff's overall exposure, the state Supreme Court ruled Tuesday. The majority reasoned that noncomparative testimony did not violate the ban against using "any exposure" causation theories.
8 minute read
November 23, 2016 | The American Lawyer

Lawyers Hear Message of Hate: 'Go Back to Your Country'

Civil libertarians have sounded alarms over President-elect Donald Trump's calls for mass deportations of undocumented immigrants and restrictions on Muslims entering the country. But as some Big Law partners have found in some recent racist encounters, a vocal segment of America is willing to go further.
14 minute read
November 22, 2016 | The Legal Intelligencer

Women in the Profession Roundtable

The editorial staff of The Legal has always been aware that the hiring and retention of female attorneys is an ongoing issue in the legal community. In an effort to discuss some of the specific problems facing female attorneys and present potential solutions to those problems, we invited 11 practitioners to talk about how to bolster the role of women in the law. This year the panelists tackled issues such as work-life balance, equal pay and the lack of positive change and opportunities for women in the legal profession.
138 minute read
November 22, 2016 | The Legal Intelligencer

Women in the Profession Roundtable

The editorial staff of The Legal has always been aware that the hiring and retention of female attorneys is an ongoing issue in the legal community. In an effort to discuss some of the specific problems facing female attorneys and present potential solutions to those problems, we invited 11 practitioners to talk about how to bolster the role of women in the law. This year the panelists tackled issues such as work-life balance, equal pay and the lack of positive change and opportunities for women in the legal profession.
238 minute read
November 17, 2016 | The Legal Intelligencer

Allowed, Unpaid Administrative Expense Claims to Set Off Preference Liability

With the U.S. Court of Appeals for the Third Circuit's holding in Friedman's Liquidating Trust v. Roth Staffing (In re Friedman's), 738 F.3d 547 (3d. Cir. 2013), it became settled law in the Third Circuit that post-petition activities cannot be used to affect the calculation of preference liability or of "new value" defenses against such liability. The court's rationale in Friedman's was based largely on the concept that "new value" is something that can be provided strictly during the preference period (for noninsiders of the debtor, the "preference period" is the 90-day period immediately preceding the debtor's bankruptcy filing). However, the question not answered by Friedman's was whether, if allowed as an administrative expense claim, the value of post-petition goods and services could be set off against preference liability. In Official Committee of Unsecured Creditors of Quantum Foods v. Tyson Foods (In re Quantum Foods), No. 15-50254, 2016 (Bankr. D. Del. July 25), the Delaware Bankruptcy Court addressed whether a meat supplier could use its allowed post-petition administrative expense claim to set off its preference liability, or whether such an attempt would be akin to a subsequent new value defense in disguise (and therefore prohibited by the holding in Friedman's). In holding that setoff is permissible in this context, the Quantum Foods court confirmed that a supplier that continues to do business with a debtor after bankruptcy will likely either be paid for its post-petition sales to the debtor, or may otherwise avail itself of the opportunity to reduce any preference liability it might face.
13 minute read
November 16, 2016 | National Law Journal

Chancery Court Approves Dissolution of Deadlocked LLC

The Delaware Court of Chancery has approved the judicial dissolution of a Delaware limited liability company that had become deadlocked in the midst of out-of-state litigation over a venture with a private equity firm.
7 minute read
November 16, 2016 | Delaware Business Court Insider

Chancery Court Approves Dissolution of Deadlocked LLC

The Delaware Court of Chancery has approved the judicial dissolution of a Delaware limited liability company that had become deadlocked in the midst of out-of-state litigation over a venture with a private equity firm.
7 minute read
November 15, 2016 | The Recorder

In Millennium Tower Fiasco, City Attorneys in Hot Seat

A formal complaint with the city claims that lawyers learned years ago about structural problems and had a duty to speak up.
7 minute read
November 10, 2016 | Litigation Daily

Litigator of the Week: Letting the Experts Do the Work

Duane Morris attorney Matthew A. Taylor doesn't believe that lawyers win cases. For him, it all comes down to the experts. That's why, when faced with defending a medical device maker in a notoriously plaintiff-friendly venue, he wasn't worried.
13 minute read
November 10, 2016 | Daily Business Review

Florida Medical Marijuana Passage Opens Doors for Firms, Raises Employment Law Questions

Some South Florida law firms have been preparing for the legalization of medical marijuana for years.
14 minute read

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