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Notes from counsel.

Practice notes and case framings, written by the partners who ran the matters they describe. No client is identifiable from anything here.

PracticeMay 12, 20265 min

Why we say no to most matters

We turn down the majority of the matters we hear about. Not out of arrogance — out of a calculation about what senior-led work actually requires.

JA
Redacted for confidentialityJane Anderson
Managing Partner
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  • PracticeApr 22, 20266 min

    What "partner-led" actually means

    Most firms say "partner-led" and mean a partner signs the engagement letter. We mean something more specific — and the difference shows up in the record.

    MK
    Redacted for confidentialityMarcus Klein
    Partner
  • M&AApr 8, 20269 min

    Five mistakes general counsel make in second requests

    A second request is not a document production exercise. It is a litigation. Treating it like the former is the most common — and most expensive — mistake general counsel make.

    MK
    Redacted for confidentialityMarcus Klein
    Partner
  • LitigationMar 18, 20268 min

    Class certification is the real fight

    In most class actions, the case is decided at certification — not at trial. The defendants who win are the defendants who litigate as if Rule 23 is the merits.

    JA
    Redacted for confidentialityJane Anderson
    Managing Partner
  • RestructuringFeb 26, 20268 min

    Cross-border insolvency — one record or two?

    Chapter 11 and a parallel UK scheme of arrangement are two proceedings, two courts, and two judges. The side that runs them as one record almost always wins.

    TS
    Redacted for confidentialityTom Singh
    Partner
  • RegulatoryFeb 4, 20267 min

    The months before the subpoena

    An SEC enforcement investigation is decided in the months before it formally exists. By the time the first subpoena lands, the charging theory is already taking shape.

    AP
    Redacted for confidentialityAnna Petrova
    Partner
Vance Whitcombe

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