On June 8, 2017, Clifford J. White III, director of the U.S. Trustee Program, proclaimed before a congressional subcommittee that “debtors with assets or income derived from marijuana may not proceed through the bankruptcy system.” To read the full text of this article, please visit the Duane Morris LLP website. ... read more

Is the recording of police carrying out their official duties in public places protected by the First Amendment? Recently, in a case with implications for news organizations as well as citizen-observers, a federal court judge dismissed the First Amendment claims of two citizens against police officers who disrupted, inspected, restrained ... read more

Has our ability to stay present in the real world largely been destroyed by the internet? If so, how has that happened? If we erected internet “stop signs” would we be better off? While we were saturated with different sources of information, news, and entertainment as recently as the Twentieth ... read more

Federal and state laws and payers require healthcare providers to create and maintain a whole host of records. Records that are required to be maintained take many forms. A record may be a document from the business office, human resources, a medical record, a lab specimen, policies and procedures, equipment ... read more

Responding to concerns about the time and cost associated with completing real estate transactions, today the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency today issued a notice of proposed rulemaking to raise the threshold for commercial real estate transactions requiring an ... read more

A Federal Circuit panel may toss so-called “issue joinder” from inter partes review proceedings after hearing oral arguments last month in Nidec Motor Corporation v. Zhongshan Broad Ocean Company. Issue joinder allows the same party to raise new issues in separate proceedings and then join them.The joinder provision of the ... read more

Attend any of the conferences or trade shows springing up in the emerging legalized recreational and medical marijuana space, and one thing you’ll notice is an absence of racial diversity.  Why? There are a number of possible explanations for the comparatively low number of minorities participating in the space, including, high start-up ... read more

By: Theresa A. Langschultz and Heather U. Guerena In an 8-1 decision, the Supreme Court appeared to deal a blow to forum shopping last week in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County (“BMS”). In BMS, a mixed group of California residents and nonresidents sued Bristol-Myers ... read more

Based on 2016 California court statistics, the time from the notice of appeal in a civil case to the filing of the Court of Appeal’s opinion differs substantially between California’s six appellate districts, and even between divisions within districts. The fastest California appellate court currently is Division 6 of the ... read more

This column discussed this subject almost 20 years ago (NYLJ April 7, 1999), but two recent decisions publicized on the front pages of the Law Journal suggest that it would be well to advise a new generation of lawyers that tactical victories in a jury trial may be followed by ... read more