Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Read More › Features
Prepayment Premiums and Make-Whole Payments
Joel H. Levitin
To determine whether a creditor has an enforceable right to collect a prepayment premium in bankruptcy, courts first consider the text of the loan documents.
Features
Ubi Sunt, Buck-Out Lease?
Barry Marks
Despite predictions in several quarters, the so-called buck-out lease appears alive and healthy, if not as robust as it once was.
Features
The MAC Clause
Anthony L. Lamm
&
Stephen Levin
This article is the second in a continuing series on resolving contentious issues in sophisticated lease transactions. In this installment: The MAC Clause.
Features
News Briefs
ALM Staff
&
Law Journal Newsletters
Maryland Franchise Attorneys Discuss Possible Law Changes <br>Maine Franchisees Launch Association
Features
LinkedIn Post Likely Didn't Violate Non-Compete Clause
Sheri Qualters
A LinkedIn profile update alerting a user's contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her non-compete agreement, a Massachusetts trial judge has ruled.
Features
Improving e-Discovery in Global Enterprises Through Remote Data Collection
Marco Ore
While the document review aspect of the discovery process generally receives the majority of attention because of the expense and time involved, the collection of potentially responsive electronically stored information (ESI) can also represent a major expense and logistical challenge.
Features
Attorney-Client Privilege for In-House Counsel
Jason A. Copling
The concept of the attorney-client privilege seems pretty straightforward in, for example, a criminal case. However, as any in-house attorney knows, this concept becomes pretty murky when applied to attorneys working inside entities: Who is the client? Which attorneys are covered? Are those attorneys always covered? Which communications? With whom? On what subjects? The questions are endless and the situations are complex.
Features
Google's Mass Copying of Copyrighted Works Judged 'Fair Use'
Mark Hamblett
Google's mass-copying of copyrighted works to build a digital library of more than 20 million books is shielded by the fair use doctrine, Judge Denny Chin ruled on Nov. 14.
Features
The Five Best Practices for Optimum Web Performance
Aaron Rudger
It's the annual shopping rush ' Black Friday and Cyber Monday are only the beginning of the run up to Christmas. For major online retailers especially, this is make or break time. Is your site ready?
Features
The 'Silly Season'
J. Mark Santiago
Almost 30 years ago when I began my career consulting to law firms, the then managing partner of Donovan Leisure Newton & Irving used that term to refer to the months of October through December. It was his way of pointing out to his fellow partners that the necessary activities of practice management that so many of them had avoided for the first nine or 10 months of the year now had to be addressed.
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