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Am Law 100 Firms' Delaware Presence Stresses State's Strategic Importance
Of the nation's 100 top-grossing law firms, 21 operate offices in Wilmington, highlighting both the prominence of Delaware's legal market and the influence national firms have been able to exert in the First State.Hunton Makes Two Big Hires, Plus More Lateral Moves
Amid merger talks with a U.K. firm, Hunton & Williams added two practice leaders from Katten Muchin Rosenman; Bo Dietl's GC finds a new home; Jenner & Block launches a private wealth practice; and other notable additions from throughout The Am Law 200.Justices Set to Eye Good Faith in Limited Partnerships
The Pennsylvania Supreme Court has agreed to review whether the implied covenant of good faith and fair dealing applies to all limited partnership agreements under state law.Pleasures of Practice Other Than Profits
Firm leaders would do well to heed the words of one of our greatest judges, Learned Hand, who said, "while I should be the last to say that the making of a profit was not in itself a pleasure, I hope I should also be one of those to agree there were other pleasures than making a profit."Continuing Evolution of Legal Mal Breach of Contract Claims
In a legal malpractice action, a plaintiff may recover against his or her attorney under a trespass (negligence) or an assumpsit (breach of contract) theory. Historically in Pennsylvania, there was a clear distinction between legal malpractice claims sounding in breach of contract and those sounding in negligence.Ad Funds Paid to Network Not Recoverable as Fraudulent Transfer
Last year we wrote about Janvey v. Golf Channel, 780 F.3d 641 (5th Cir. 2015), in which the U.S. Court of Appeals for the Fifth Circuit held that advertising fees accepted by Golf Channel could be recovered as a fraudulent transfer by the court-appointed receiver of the failed Stanford International Bank Ponzi scheme. At that time, the circuit court reasoned that such advertising services, as a matter of law, provided no "value" from the perspective of creditors of the defunct scheme, as the entity providing these services contributed to a perpetuation of the scheme, albeit unintentionally. We expressed concern that this holding created uncertainty and risk for trade creditors who have unwittingly done business with a counterparty that operates a Ponzi scheme. On rehearing, however, the court vacated its holding and submitted a certified question to the Supreme Court of Texas to determine the applicability of the "reasonably equivalent value" defense under the Texas Uniform Fraudulent Transfer Act (TUFTA). Disagreeing with the federal circuit court, the Texas Supreme Court, in Janvey v. Golf Channel, No. 15-0489, (Texas April 1, 2016), ruled that "reasonably equivalent value" is determined ­objectively as of the time of the transfer, without reference to whether the transfer actually benefited creditors in retrospect.Trending Stories
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