Best Practices for Pleading Complaints
State and federal rules of civil procedure typically provided limited guidance in drafting complaints and other pleadings. More...
Do’s and Don’ts for Attorney Retainer Agreements
As with any relationship, it is important that clients and their attorneys communicate clearly about the nature of...
When are Merchant Cash Advances Disguised Loans?
Merchant case advances (MCAs”) are often funding sources of last resort for distressed businesses. What is a MCA?...
Common Features of Chapter 7 Cases and Assignments for the Benefit of Creditors
I recently wrote an introductory article about assignments for the benefit of creditors (ABCs) and contrasted them to...
Can Giuliani Escape His Defamation Judgment In Chapter 11?
Former New York City Mayor Rudy Giuliani has filed for protection under Chapter 11 of the Bankruptcy Code...
Trump Criminal Trial: Supreme Court Denies Request for Expedited Appeal on Presidential Immunity Defense
On December 22, 2023, the United States Supreme Court (SCOTUS) entered an unsigned one-word decision declining to allow...
Deadlines Matter: Lessons from the Trump and Giuliani Trials
It is axiomatic that in litigation procedural deadlines are generally enforced and should not be ignored. The skilled...
Who you gonna call? Fractional outside counsel!
Most businesses begin with the best of intentions, but neglect to prepare for failure or the consequences of...
Trump Criminal Trial: Supreme Court Considers Rare Expedited Review of Immunity Defense
On Monday the Supreme Court granted a motion by Special Counsel to the United States for expedited consideration...
What is the Uniform Interstate Depositions and Discovery Act?
Obtaining discovery from witnesses located outside of the “100-mile limit” in a federal action or beyond state borders...
When are you entitled to a jury trial?
The Founders of our nation placed great importance on the community being a check on the abuse of...
The Art of the Remote Deposition: Preliminary Instructions
The pandemic caused the practice of law to quickly evolve in a number of ways. Firms quickly ramped...