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Reimagining “Reasonableness” Under Section 330(A) In A World Of Technology, Data, And Artificial Intelligence, Nancy B. Rapoport, Joseph R. Tiano Jr.
Reimagining “Reasonableness” Under Section 330(A) In A World Of Technology, Data, And Artificial Intelligence, Nancy B. Rapoport, Joseph R. Tiano Jr.
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Transformations in the legal industry’s supply chain caused by legal technology and innovative service delivery models have triggered the need for courts to reimagine how to assess the reasonableness of legal fees under 11 U.S.C. § 330. In nearly every other industry, when there are changes or fluctuations in supply chain costs, it is typical for the market price paid by end-users or consumers to fluctuate as well. Market forces organically dictate the reasonableness of the market prices in light of current production cost and demand. In contrast, the legal industry hasn’t kept up with a unified, market-driven supply cost …
Silencing Litigation Through Bankruptcy, Pamela Foohey, Christopher K. Odinet
Silencing Litigation Through Bankruptcy, Pamela Foohey, Christopher K. Odinet
Scholarly Works
Bankruptcy is being used as a tool for silencing survivors and their families. When faced with claims from multiple plaintiffs related to the same wrongful conduct that can financially or operationally crush the defendant over the long term—a phenomenon we identify as onslaught litigation—defendants harness bankruptcy’s reorganization process to draw together those who allege harm and pressure them into a swift, universal settlement. In doing so, they use the bankruptcy system to deprive survivors of their voice and the public of the truth. This Article identifies this phenomenon and argues that it is time to rein in this destructive use …