"The Importance of Being Earnest About Bankruptcy," Bankruptcy and Employment Law360 (November 8, 2011). Co-Authors: James E. Kellett and Christine Hawes.
New York-based Labor & Employment Group partner James E. Kellet and associate Christine Hawes write about how to avoid employment pitfalls that commonly occur during bankruptcy proceedings, and their consequences.
According to Kellett and Hawes, “In those cases in which a plaintiff has not disclosed his [employment] claims in the bankruptcy petition, and defense counsel discovers this, a defendant can move to dismiss the plaintiff’s action under Federal Rule of Civil Procedure 12(h), or similar state court rule, depending upon the venue.”
"How Tomorrow Moves: CSX Uses Scorecards to Help Outside Counsel Stay on Track," ACC Docket (October 2011). Co-Authors: Thomas I. Anderson, Kathryn D. Kirmayer and Robert A. Lipstein.
Partner Kathryn D. Kirmayer, chair of Crowell & Moring’s Litigation Group in D.C., partner Robert A. Lipstein, co-chair of the firm’s Antitrust Group, and Thomas I. Anderson, senior counsel of CSX Corporation, write about how CSX Corporation redefined its relationship with outside counsel by using scorecards to keep them on track. Performance-based holdbacks, scorecards, annual reviews and the personal touch were used to align inside and outside counsel in an open, constructive and mutually satisfactory partnership that is about more than dollars.
New York-based Intellectual Property Group partner Andrew M. Riddles and associate Sean E. Jackson write about the art of negotiation, and knowing when it is time to find alternative methods of resolution.
According the Riddles and Jackson, “The decision whether to begin negotiations at all or to walk away from ongoing negotiations can be a difficult one for a party to make because it hinges on many factors, both objective and subjective.”