Commercial

Expert Analysis

• Advising A Cannabis Business Amid Patchwork Of Regs

  Excerpt from Practical Guidance

  

  As the cannabis industry continues to grow, so does its widely varied patchwork of local, state and federal regulation, and practitioners should familiarize themselves with the specific rules on tax, real estate, intellectual property and banking applicable in the jurisdictions where their clients operate, say Patrick Hines and Fallon Martin at Hodgson Russ.

• How To Avoid Construction Lien Traps In Bankruptcy Filings

  

  The Ninth Circuit Bankruptcy Appellate Panel’s decision in 450 S. Western Ave. serves as a cautionary tale on the risks of a contractor agreeing not to foreclose a lien in exchange for the owner agreeing not to challenge the validity of the lien in bankruptcy filings, and highlights how contractors can protect their liens, says Blake Robinson at Davis Wright.

• Now's The Time To Address Archaic Law School Curricula

  

  With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

• Sears Bankruptcy Case Shows Modification Disclosure Is Key

  

  The recent New York federal court decision in Transform Holdco v. Sears Holdings highlights the importance of seeking approval of any material modifications to a purchase agreement in a bankruptcy, as historical setting can be a factor if any dispute arises later between a debtor and a buyer, say Frank Grese and Reginald Sainvil at Baker McKenzie.

• Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

  

  The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

• LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

  

  A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

• 9th Circ. Ruling Offers Guidance On Automatic Stay Violations

  

  The Ninth Circuit Bankruptcy Appellate Panel’s opinion in Censo v. Newrez clarifies the nebulous standard for automatic stay violations, and provides useful guidance for practitioners to consider in determining whether a creditor's defensive action taken in pending litigation counts as a violation, say Keith Owens and Zach Williams at Fox Rothschild.

• 8 Steps To Creating A Legal Ops Technology Road Map

  

  Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

• The Importance Of Data And Data Analysis In Litigation

  

  Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

• Performance Bonds May Not Cover All Contract Obligations

  

  Supply chain constraints and higher material prices in the construction industry are leading many project owners to require payment and performance bonds from contractors, but owners should keep in mind certain legal and practical considerations that may allow sureties to escape liability, says Daniel Miktus at Akerman.

• Untangling A Web Of State Regulations For Cannabis Lounges

  

  Though a number of states have legalized adult-use marijuana, progress toward widespread licensing of cannabis consumption lounges has been slow due to high operational costs and regulatory complexities that vary greatly from state to state, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.

• Steps Companies Can Take To Mitigate Privilege Labeling Risk

  

  Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

• Contract Diligence Is Key Amid EV Facility Construction Boom

  

  As demand for new electric vehicle manufacturing facilities rises, manufacturers must recognize that such construction projects are uniquely complex undertakings with potentially mammoth financial risks, and draft contracts accordingly, says Chris Caputo at Baker Donelson.