Featured Columns

One Contract, Indivisible, With Defenses and 'Kiwi' for All

Rudolph J. Di Massa Jr. 
and Jarret P. Hitchings | July 3, 2017

Under Section 365(a) of the Bankruptcy Code, a debtor in bankruptcy may assume executory contracts or unexpired leases to which the debtor was a party before its bankruptcy filing. Before it is permitted to do so, however, the debtor must cure any and all defaults existing under the agreement (see 11 U.S.C. 365(b)(1)), thereby making the nondebtor counter-party "whole" upon assumption.

In-House Counsel

  • Building and Managing an International In-House Legal Team

    By E. Leigh Dance

    Companies constantly add products and services, fueled by opportunity, technology and competition. They also continually grow into new geographic markets and contract in others. Often local legal talent is needed, because even though many businesses are now global, much of the law is still local.

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Young Lawyer

  • Turning Common Career Mistakes and Setbacks Into Opportunities

    By Malcolm J. Ingram

    No matter how much success you ­experience in your legal career, inevitably at some point you will encounter a setback and make mistakes. Whether the setback is not passing the bar exam in your law firm's jurisdiction, missing a key argument in a brief, or blowing a litigation deadline, these mistakes don't have to define your legal career. A setback is the perfect opportunity to take a moment and reflect on how the setback occurred and what you can do to catapult your career forward. As I said in my previous article "Taking Control of Your Legal Career as a First-Year Associate," published April 5 in The Legal, failure precedes success and becoming a great lawyer is a marathon, not a sprint. By using the four steps listed below, young attorneys can turn common mistakes and setbacks into opportunities for growth and branding.

  • Visualize a Path to Action to Achieve Your Goals

    By Dena Lefkowitz

    How do you decide what to pay attention to in a world where an onslaught of images and messages is constantly delivered by way of a myriad of devices along with an ongoing scan of ­in-person threats, opportunities and attractions our brains must prioritize every ­second? How do you maneuver around the minutiae of everyday life and keep your focus trained on aspirations and ­achievement? One answer is to train your brain to navigate past the noise and focus on what is important.

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Business of Law

  • Supercharge Your Career With the Power of Belief

    By Frank Michael D'amore

    The power of belief and its thesis that you can accomplish virtually anything you put your mind to, is pooh-poohed by some as New Age nonsense. The critics assail the concept as happy talk that is unproven and certainly has no place in professions such as law.

  • Look Ahead Now: What Will Your Legal Epitaph Be?

    By Frank Michael D'Amore

    I recently listened to several speakers who discussed their near death ­experiences (NDEs). Although the circumstances that led them to that moment in their lives differed (such as surgery, acute illness, or an accident), each one discussed the unique clarity he had before almost dying.

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Litigation

  • The Internet: An Underestimated Discovery Tool

    By Paola Pearson

    As lawyers, we are often compelled to "stick to the script" by following in the footsteps of those who came before us, even when that means adopting legalese and using rigid templates that likely made little sense to their drafters. The discovery process is not immune to this phenomenon, following a life cycle that seems almost etched in stone: a series of requests for production of documents, interrogatories or requests for admissions, culminating with depositions laden with questions based on the information and documents received in response. While these are all necessary steps, there is another frequently underutilized discovery tool that is available to all of us. When properly used, it can serve as a powerful supplement to traditional discovery methods.

  • Bill of Costs: Who Gets Paid When No One Wins?

    By Joel H. Feigenbaum

    Once the dust settles after a trial ­victory, practitioners routinely file bill of costs in an effort to recoup litigation expenditures, such as filing and service of process fees, as in De Fulvio v. Holst, 362 A.2d 1098, 1099 (Pa. Super. 1976), ("It is a general rule in our judicial system ... that costs inherent in a law suit (sic) are awarded to and should be recoverable by the prevailing party.").

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